The uncertainty of beneficiary designations

By Marly Peikes ( June 2, 2022, 9:33 AM EDT) -- It is a well-established principle from the Supreme Court of Canada’s 2007 decision, Pecore v. Pecore, 2007 SCC 17, that there is a presumption of a resulting trust where a gratuitous transfer of property is found. The primary example is when an asset is put into joint names by a parent with an adult child for no consideration. In this case, there is the presumption that the property is not a gift to the child but rather that the child is holding the property in trust for the estate of the parent. This presumption can be rebutted....