Using Joint Tenancy as a Device for Estate Planning May Lead to Litigation
Vancouver estate lawyers often use joint tenancy as a form of estate planning in BC, particularly within a family context between parents and children. However, as reams…
Does Independent Legal Advice Rebut Undue Influence?
A presumption of undue influence is established when the nature of the relationship between the parties demonstrates the potential for domination. To rebut the presumption, the donor…
“Good Conscience” Constructive Trust in Non-Agency Scenario
The most common basis for a constructive trust is unjust enrichment, but on some occasions, even where there is no unjust enrichment in the traditional sense, “good…
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…
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…
Settling an estate: Denied a share of parent’s property
Your mother passes away and steps of settling the estate begin. You assumed that on her death you and your siblings would each get an equal share…
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…
Can you Rebut the Presumption of Resulting Trust?
This landmark case (Pecore v. Pecore, 2007 SCC 17) concerned the distribution of a father’s assets to his adult daughter. Two of his three children were financially secure…