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.),...
Rebutting the Presumption of Resulting Trust

Rebutting the Presumption of Resulting Trust

Can a parent make a gift of property to some adult children but not others? Is mere suspicion that the transfer is “out of character” sufficient to challenge such a gift? In Hegel Estate v. Logan, 2014 BCSC 1026 the Supreme Court of British Columbia addressed...
Use Presumptions to Your Advantage or Lose

Use Presumptions to Your Advantage or Lose

By Candace Cho, Onyx Law Group, with the assistance of Joty Sandhu, Articled Student When commencing an estate litigation action, Plaintiffs’ counsel must be careful to leverage every possible legal advantage in their clients’ favour because it is always an uphill...