Is a parent's advance of money to a child considered a gift or a loan?

Nova Scotia, Canada


The following excerpt is from T. L. S v. D. J. M., 2009 NSSC 79 (CanLII):

Whether payments of money by a parent to a child constitute gifts or loans have frequently been the subject of litigation upon marriage breakdown. In Locke v. Locke, 2000 BCSC 1300 (B.C.S.C.) the court suggested the following factors should be considered when determining whether an advance of money by a parent to a child or couple is a gift or a loan: 1) whether there were any contemporaneous documents evidencing a loan; 2) whether the manner for repayment is specified; 3) whether there is security held for the loan; 4) whether there are advances to one child and not others, or advances of unequal amounts to various children; 5) whether there has been any demand for payment before the separation of the parties; 6) whether there has been any partial repayment; 7) whether there was any expectation, or likelihood, of repayment.

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