“A resulting trust arises when title to property is in one party’s name but that party, because he or she is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner: Pecore, at para. 20. When a parent gratuitously transfers property to his or her adult child, the law presumes that the child holds the property on resulting trust for the parent: Pecore, at para. 36. The burden of rebutting the presumption is on the child. In determining whether the presumption has been rebutted, the trial judge must begin his or her inquiry with the presumption and then weigh all of the evidence in an attempt to ascertain, on a balance of probabilities, the parent transferor’s actual intention at the time of transfer: Sawdon Estate, at paras. 67-71.
The kind of evidence relevant to determining the transferor’s actual intention at the time of transfer depends on the facts of the case: Pecore, at para. 55. A court may consider evidence of the transferor’s conduct after the transfer, so long as it is relevant to the transferor’s intention at the time of the transfer: Pecore, at para. 59.”