单词 | presumption of advancement |
释义 | > as lemmaspresumption of advancement presumption of advancement n. an assumption that if a person makes a voluntary transfer to, or purchases property in the name of, another (typically a spouse or child), the property is intended as a gift for the benefit of the recipient, not held in trust for the person who makes the transfer or purchase. ΚΠ 1820 H. Jeremy Analyt. Digest Rep. Courts Common Law, & Equity MDCCCIX 39/1 To repel the presumption of advancement, there must be either a custom controlling the effect of such a purchase, or cotemporaneous evidence of a different intention. 1890 Times 5 Mar. 3/3 His Lordship's opinion was that the presumption of advancement which might otherwise have come under consideration was rebutted, and that the son held the shares as trustee. 1937 Univ. Toronto Law Jrnl. 2 65 If the third person is the spouse or child of the purchaser, or someone to whom he stands in loco parentis, there is a presumption of advancement. 1997 R. Chambers Resulting Trusts i. 28 It is well settled that a father's provision of property to his child gives rise to a presumption of advancement. 2007 Edmonton (Alberta) Sun (Nexis) 1 Dec. 80 Most often the presumption of advancement applies to gifts from one spouse to another or from a parent to a child. < as lemmas |
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