Meridian Law Group
June 6th, 2025
Joint Tenancy or Trust? A Case Study of Intention in Estate Disputes
Estate law is a balance between intentions, legal principles, and the often-fraught dynamics of family relationships. The recent British Columbia Supreme Court case of Rasner v. Berger provides a compelling illustration of these complexities, particularly concerning the doctrine of resulting trusts and the challenge of discerning a deceased person’s true intentions. This case involved a dispute between siblings over the ownership of a condominium, highlighting the importance of precise estate planning and the potential pitfalls that can arise when intentions are unclear.
The testator passed away in 2012, leaving behind three adult children: her daughter, son, and stepdaughter (her executor). The dispute revolved around a Vancouver condominium purchased by the testator in 2000 and registered in joint tenancy with her son, who had resided there since its purchase.
The testator’s daughter died in 2020. Following her death, the executor of the testator’s estate initiated legal action against the son. Despite being registered in joint tenancy, she argued the son held the condominium in trust for the testator’s estate. The executor relied on the legal doctrine of resulting trust, asserting that because the testator paid the entire purchase price without the son providing any consideration, a trust was formed in her favour.
Resulting Trusts, Gifts, and the Burden of Proof
The case hinged on the application of the doctrine of resulting trusts. When a parent gratuitously transfers property to an adult child, a resulting trust is presumed to arise. This presumption, however, is not insurmountable. It can be rebutted if the recipient of the property can demonstrate that the parent intended an outright gift.
In the context of joint tenancy, the right of survivorship is also held on trust unless there is evidence to the contrary. Therefore, the court’s primary task is to ascertain the transferor’s actual intention at the time of the transfer. This is often a challenging endeavour, particularly when, as in this case, the transferor is no longer alive to provide direct testimony.
