Online Practice Manuals

Madsen Estate v. Saylor

• 2007 SCC 18
  • Go to CanLII for full text

The above case is referenced within:

1. British Columbia Estate Planning and Wealth Preservation (Current to: February 15 2023)
   • Chapter 8. Joint Tenancies in Estate Planning
     • II. Judicial Treatment of Joint Tenancies [§8.2]
       • A. Pecore v. Pecore: Legal Consequences of a Transfer into Joint Tenancy [§8.3]
   • Chapter 9. Post-mortem Remedial Income Tax Planning
     • II. Date of Death Taxation Issues in Post-mortem Planning [§9.2]
       • A. Tax Consequences at Death by Type of Property [§9.3]
         • 9. Tax on Jointly Held Property at Death [§9.21]
2. British Columbia Probate and Estate Administration Practice Manual (Current to: January 15 2023)
   • Chapter 1. Initial Advice for the Personal Representative
     • III. Preparing to Make the Application for Estate Grant [§1.31]
       • B. Gathering Information about the Deceased’s Assets [§1.38]
         • 5. Assets Passing Outside the Will [§1.43]
   • Chapter 2. Devolution of Assets on Death
     • III. Assets that Do Not Pass to the Personal Representative [§2.5]
       • A. Devolution of Joint Tenancies [§2.6]
         • 1. Characteristics of Joint Tenancies [§2.7]
           • b. Legal and Equitable Ownership [§2.9]
             • ii. The Presumption of Advancement [§2.11]
3. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 7. Post-hearing Matters
     • II. Judgments and Orders in the Court of Appeal [§7.6]
       • B. Orders in the Court of Appeal [§7.8]
         • 3. Types of Orders [§7.11]
           • b. New Trial Versus Resolution by Court of Appeal [§7.13]
4. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 15. Resulting Trusts, Unjust Enrichment, Constructive Trusts, and Secret Trusts
     • II. Resulting Trusts [§15.2]
       • A. Introduction to Resulting Trusts [§15.3]
         • 1. Presumption of Resulting Trust [§15.4]
         • 4. The Presumption of Advancement [§15.7]
       • C. Evidence of the Intention of the Transferor in Resulting Trust Claims [§15.9]
         • 3. Relevant Types of Evidence of Intention in Resulting Trust Claims [§15.12]
       • E. Personal Property in Resulting Trust Claims [§15.18]
         • 2. Personal Property: Cases Where Presumption of Resulting Trust Rebutted [§15.20]
5. Family Law Agreements: Annotated Precedents (Current to: November 15 2023)
   • Chapter 15. Family Law Agreement Clauses for Debts
     • III. Specific Financial Obligations [§15.5]
       • K. Loans from Family [§15.16]
6. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
   • Chapter 4. Property under the Family Law Act
     • XIV. Rights under Equity and Other Law [§4.49]
       • C. Types of Unjust Enrichment Claims [§4.52]
         • 2. Presumptions of Resulting Trust and Advancement [§4.54]