TRUSTS - Resulting trusts - When presumption operates

Law360 Canada ( September 24, 2018, 9:24 AM EDT) -- Application by the executor seeking a determination of the assets that comprised the deceased’s estate. When the deceased, a physician, died in 2014, he held three accounts jointly with his common-law partner of 39 years, Nicholas. The couple had run a hobby farm together. Several friends testified to the couple’s close and loving relationship. The deceased had five children from his former marriage. At the time of his death, the deceased was only close to one of the children and was estranged from two. He had not disclosed the accounts, which had a right of survivorship, to his children while he was alive. Nicholas had never made any withdrawals from or deposits to the accounts. The deceased had kept his relationship with Nicholas a secret from his children for many years and had not discussed with his children how his estate would be divided....
LexisNexis® Research Solutions

Related Sections