Sentences with phrase «gratuitous transfers»

: The Significance of Gratuitous Transfers in the Sherlock Holmes Canon

5 The topic of gratuitous transfers between parents and adult children was covered in Pecore v. Pecore, [2007] 1 S.C.R. 795, in which it was held that these come freighted with a rebuttable presumption of resulting trust putting the transferee to the onus of demonstrating that a gift was intended.

The court referred to the 2007 Supreme Court of Canada decisions re Pecore v Pecore, and Madsen Estate, and stated that it now appears that a presumption of resulting trust applies in all cases of gratuitous transfers, with some very narrow exceptions, such as transfers between parents and minor children.

Until recently there had been some questions in BC estate litigation as to whether or not the presumption of resulting trust applies to gratuitous transfers of real property, in light of the provisions of the Land Title Act, section 31 that provides that under the... Read more

'' The law states that, where a parent makes a gratuitous transfer of assets to an adult child, there is a presumption of a resulting trust, such that the child is presumed not to be the beneficial owner, but rather to hold the assets as a trustee for the parent.

(a) the focus in any dispute over a gratuitous transfer is the actual intention of the transferor at the time of the transfer...

[122] If the presumption of resulting trust arises, it may be rebutted by evidence of the transferor's intention at the time of transfer to grant beneficial ownership to the recipient of the gratuitous transfer.

Not exact matches

As was so perfectly illustrated in yesterday's article, 48 Hours in the Life of West Ham Transfer Speculation, we are now firmly in that positive upswing phase of gratuitous optimism, where you could easily be forgiven for thinking that players are falling over themselves (and not in the simulation sense) to earn a move to the London Stadium.

whether Mrs Staveley's decision to transfer her benefits to a personal pension plan was a «transaction intended to confer a gratuitous benefit» under s. 3 and s. 10 Inheritance Tax Act 1984 («IHTA 1984»); and

Presumably, the estate would be able to claim that because the transfer of the property was gratuitous, the property is subject to a resulting trust.

Her sister, Ms. Franklin, had argued the 1989 transfer was gratuitous and Ms. Cooper held the title of the property in trust for their mother's estate.

The University of British Columbia is alleging that the transfer of the house was gratuitous and as such the presumption of resulting trust, or in other words, the presumption that the transfer was not a gift, applies to the transfer.

Lord Hoffmann referred to the US case of Kremen v Online Classifieds Inc (2003) 337 F 3rd 1024 in which «it was held that a publicly funded company which provided gratuitous registration of internet domain names could be liable in conversion, on a footing of strict liability, for transferring a registered name to a third party, having acted in good faith on the authority of a forged letter».