What evidence is required to prove the intention of a transferor at the time of the transfer?

British Columbia, Canada


The following excerpt is from Stade Estate (Re), 2017 BCSC 2354 (CanLII):

Traditionally, it was considered that evidence adduced to show the intention of the transferor at the time of the transfer ought to be contemporaneous with the transfer. This was largely because subsequent acts and declarations could reflect a change in the transferor's intention and a transferor is not allowed to retract a gift. However, this traditional rule has been relaxed and evidence of intention arising subsequent to the transfer may be considered if it is relevant to the intention of the transferor at the time of the transfer. The reliability of such evidence must be assessed to guard against evidence that is self-serving or that tends to reflect a change in intention: Pecore at paras. 56–59; Fuller v. Harper, 2010 BCCA 421 at paras. 48–50.

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