Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary…
Category: Credibility
Total 22 Posts
Credibility is in the Eyes of the Judge
By Anna Alizadeh •
November 30, 2016
I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift). Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down…