We know from Pecore v Pecore, 2007 SCC 17 that when a parent gratuitously transfers title into joint tenancy with the parent and adult child as joint tenants, there is a presumption of resulting trust. Where there is sufficient evidence to prove on a balance of probabilities that the intention of the parent was a true joint tenancy with a right of survivorship, the presumption of resulting trust is rebutted. Even where a true joint tenancy with a right of survivorship exists, a unilateral action by a co-owner may sever the joint tenancy.
Corina Weigl is a partner in the Trusts, Wills, Estates and Charities group of Fasken Martineau DuMoulin LLP, a leading international law firm with over 650 lawyers and 9 offices worldwide that offers comprehensive estate planning, estate administration, personal tax planning, charitable giving and estate litigation services.
Email: firstname.lastname@example.orgSee Authors Posts (60) • July 29, 2016