Dictionary

  • Presumption of advancement

    The rebuttable equitable presumption that when a person puts property in the name of his/her spouse, child, or a person to whom he/she stands in loco parentis, the intention is to transfer the beneficial interest as well as the legal title. Put simply, it is assumed to be a gift without condition.

    In the case of property transfer between persons with any other relationship, there is a presumption of resulting trust in favour of the donor.

    This presumption arises in many common law jurisdictions. In Australia, it has also been held to apply to property transfers from a male fiancée to a female fiancée.

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