If you are dealing with an estate dispute involving a parent’s finances, the presumption of resulting trust may determine whether an asset belongs to one beneficiary or must be returned to the estate.

In Ontario, it is common for parents to add an adult child to a bank account or contribute financially to a major purchase, often with the intention of helping, not gifting. However, when those intentions are not clearly documented, these arrangements can lead to serious legal disputes after death. What often starts as “lending a helping hand” to a parent, or a parent "helping out,” can quickly turn into a contentious legal dispute after death.

Estate litigation lawyers across Canada are seeing a steady increase in undue influence estate disputes. Families are more frequently questioning whether a will truly reflects a loved one’s wishes or whether someone exerted pressure behind the scenes.