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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

GIFTS - Inter vivos - Presumption of advancement - Parent to child - Validity of transfer - Donative intent (animus donandi)

Friday, March 03, 2017 @ 8:48 AM  

Appeal by the defendant, John McKendry, from a trial judgment declaring he held real property in trust for his mother's Estate. The respondents, Margaret, Jean and Alexis, were three of the appellant's four sisters, all of whom were entitled to share in the mother's Estate. From 2006 through the mother's passing in 2012, John resided with the mother in her Vancouver home. In 2008, the mother transferred legal title in the home into joint tenancy with John. Initially, John held the beneficial interest in trust in...