Resulting Trusts: Critical Time for Determining Intent

Resulting Trusts: Critical Time for Determining Intent

Resulting trusts are as firmly grounded in the settlor’s intent as express trusts, but with this difference: the intent is inferred or presumed as a matter of law from the circumstances of the case. In Friskie v. Piovesan Estate, [1998] B.C.J. No. 1837 (S.C.),...
Promised Inheritance May Be Enforced By Resulting Trust

Promised Inheritance May Be Enforced By Resulting Trust

Parents often promise their children that they will inherit certain property or assets when they die; when the promised inheritance is not reflected in the will or in the way the parents arrange their affairs, the court may find that the promised inheritance is held...