Principle

EQUITY AND TRUSTS — Presumption of Advancement — Rebuttal — Evidence Required to Rebut Presumption

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

Both presumptions (resulting trust and advancement) are rebuttable by evidence of actual intention. The court examines all circumstances to determine the purchaser's real intention. The principle applies to equity and trusts. The presumption only prevails when no contradictory evidence exists. The burden is on the…

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