Neufeld v. Neufeld, 2004 BCSC 25
| Jurisdiction | British Columbia |
| Judge | The Honourable Mr. Justice Cohen |
| Citation | 2004 BCSC 25 |
| Docket Number | 21154 |
| Subject Matter | TRUSTS,BANKS AND BANKING,WILLS,GIFTS |
| Court | Supreme Court of British Columbia (Canada) |
| Date | 09 January 2004 |
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11 practice notes
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Mortimer v. Bender, 2020 BCSC 483
...take place. [72] This category was identified by Justice Dorgan in Doucette: [17] The appellant’s counsel referred to Neufeld v. Neufeld, 2004 BCSC 25, and Cooke v. Miller, 2005 BCCA 263. In both of these cases, the plaintiffs were beneficiaries, but not executors, under the respective will......
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Dais v. Virvilis, 2018 BCSC 459
...All of the cases relied on by John, such as Penny v. Rode, 2012 BCSC 885, Bergen v. Bergen, 2013 BCCA 492, Neufeld v. Neufeld Estate, 2004 BCSC 25 and Zukanovic v. Malkoc Estate, 2011 BCSC 625 are distinguishable. None is in the context of an estate freeze. Each involved the transfer of an ......
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Stade Estate (Re), 2017 BCSC 2354
...assets with respect to which a specific beneficiary has been designated such as RRSPs, RRIFs and insurance policies: Neufeld v. Neufeld, 2004 BCSC 25. Again, the intention at the time of the beneficiary is designated is the key: Neufeld at para. 19.[95] There is very little evidence about t......
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Chung v. Chung,
...resulting trust was applied to a RRIF where the deceased’s brother was listed as the designated beneficiary in Neufeld v. Neufeld, 2004 BCSC 25. Justice Warren came to a similar conclusion in Stade Estate (Re), 2017 BCSC 2354, where she held at para. 94: “the presumption of re......
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9 cases
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Mortimer v. Bender, 2020 BCSC 483
...take place. [72] This category was identified by Justice Dorgan in Doucette: [17] The appellant’s counsel referred to Neufeld v. Neufeld, 2004 BCSC 25, and Cooke v. Miller, 2005 BCCA 263. In both of these cases, the plaintiffs were beneficiaries, but not executors, under the respective will......
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Dais v. Virvilis, 2018 BCSC 459
...All of the cases relied on by John, such as Penny v. Rode, 2012 BCSC 885, Bergen v. Bergen, 2013 BCCA 492, Neufeld v. Neufeld Estate, 2004 BCSC 25 and Zukanovic v. Malkoc Estate, 2011 BCSC 625 are distinguishable. None is in the context of an estate freeze. Each involved the transfer of an ......
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Stade Estate (Re), 2017 BCSC 2354
...assets with respect to which a specific beneficiary has been designated such as RRSPs, RRIFs and insurance policies: Neufeld v. Neufeld, 2004 BCSC 25. Again, the intention at the time of the beneficiary is designated is the key: Neufeld at para. 19.[95] There is very little evidence about t......
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Chung v. Chung,
...resulting trust was applied to a RRIF where the deceased’s brother was listed as the designated beneficiary in Neufeld v. Neufeld, 2004 BCSC 25. Justice Warren came to a similar conclusion in Stade Estate (Re), 2017 BCSC 2354, where she held at para. 94: “the presumption of re......
Request a trial to view additional results
2 firm's commentaries
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Does The "Presumption Of Resulting Trust" Apply To Beneficiary Designations?
...Supreme Court of British Columbia has answered this question in the affirmative. This line of authority dates back to Neufeld v. Neufeld, 2004 BCSC 25 in which the Court followed the Manitoba Court of Appeal decision in Dreger (Litigation Guardian of) v. Dreger, [1994] 10 W.W.R. 293, which ......
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Does Presumption Of Resulting Trust Apply To Benefit Plan Designations?
...decision was not as surprising. Prior to the release of the Pecore decision, in 2004, the British Columbia Court in Neufeld v. Neufeld, 2004 BCSC 25 had ruled that designated beneficiary under an RRIF held the funds on resulting trust for the annuitant's estate. In that case, the British Co......