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ARTICLE · 08 APRIL 2015

Agricultural Law NetLetter - Tuesday, April 7, 2015

Miller Thomson
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A Justice of the Alberta Court of Queen's Bench has upheld the transfer of a joint interest in a family farm, with right of survivorship, to one of 5 adult children.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS **

  • A Justice of the Alberta Court of Queen's Bench has upheld the transfer of a joint interest in a family farm, with right of survivorship, to one of 5 adult children. The transfer was without consideration. The Court concluded that the child had rebutted the presumption of resulting trust, and that when the transfer was signed the intention was that the quarter section would be transferred as part of an overall estate plan, with the intent that it would be a gift which was made to ensure the family farm remained intact for the next generation. The legal principles and the burden of proof with respect to rebutting the presumption of resulting trust are discussed in the context of farm land. [Editor's Note: The practice of transferring lands into the joint names of parents and children is relatively common. A signed Declaration of Intent to make a gift might avoid litigation and family disputes.]. (Midtdal v. Pohl, CALN/2015-009, [2014] A.J. No. 1173,

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