Report No. 57

3.12. Presumption where transfer in favour of relation and English law.-

If the conveyance is to the wife or child of the purchaser, then the presumption (in England) is the other way, namely, that the purchaser intended to benefit the child or wife. This is known as the presumption of 'advancement'.1 This presumption displaces the presumption of resulting trust, on the logic that in view of the relationship between the true purchaser and the nominal purchaser, it may be presumed that a gift to the nominal purchaser was intended. This presumption of advancement is also rebuttable by evidence to the contrary, whenever the consideration for the purchase of property is advanced by another person.

1. Para. 3.6, supra.