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Wills, Estates & Trusts Law - Gifts - Inter vivos - Presumption against gift, resulting trust - Rebuttal - Presumption of advancement - Person in loco parentis - Rebuttal - Validity of transfer

Thursday, November 24, 2016 @ 7:00 PM  

Appeal by the plaintiff, the Thorsteinson Estate, from a judgment dismissing an action and upholding a gift in favour of the defendant, Olson. The testator had served as the defendant’s nanny and they subsequently developed a close relationship akin to parent and child. As an adult, the defendant lived at the testator’s property for several years. In 2000, the testator signed a deed of gift transferring nine parcels of farmland to herself and the defendant as joint tenants. In 2001, a dispute arose between the parties...