The applicants, the daughter and son-in-law of the deceased, sought a declaration of their beneficial ownership in two properties that the deceased had transferred into joint tenancy with them for no consideration.
Prior to his death, the deceased unilaterally severed the joint tenancies and claimed the properties were held in trust for him.
The court found that at the time of the transfers, the deceased intended to make inter vivos gifts of the right of survivorship to save on probate fees.
The presumption of resulting trust was rebutted, and the applicants were declared to hold a two-thirds legal and beneficial interest in the properties.
