By Scott Kerwin and Les Honywill ( November 11, 2022, 2:21 PM EST) -- The “presumption of resulting trust” has been at the forefront of estate litigation in Canada since the decisions in Pecore v. Pecore, 2007 SCC 17 and Madsen Estate v. Saylor, 2007 SCC 18. Persons interested in an estate may claim that assets jointly owned by the deceased and a third person (often an adult child) belong to the estate, and do not pass by right of survivorship to the other co-owner. However, a party may rebut the presumption of resulting trust by demonstrating that the deceased actually intended to gift the property (or the right of survivorship) to the third party....