Beneficiary designations and presumption of resulting trust: Conflicting decisions, part two

By Scott Kerwin and Les Honywill (November 14, 2022, 2:22 PM EST) -- As we discussed in the first article of this two-part series, the case law regarding the “presumption of resulting trust” in Canada remains muddled, particularly in British Columbia, as to whether the principles from Pecore v. Pecore, 2007 SCC 17 and Madsen Estate v. Saylor, 2007 SCC 18 apply to beneficiary designations. The key question raised in the case law is whether the presumption of resulting trust applies to beneficiary designations....