Presumption of advancement

The rebuttable equitable presumption that when a person puts property in the name of his/her spouse, child, or a person to whom he/she stands in loco parentis, the intention is to transfer the beneficial interest as well as the legal title. Put simply, it is assumed to be a gift without condition.

In the case of property transfer between persons with any other relationship, there is a presumption of resulting trust in favour of the donor.

This presumption arises in many common law jurisdictions. In Australia, it has also been held to apply to property transfers from a male fiancée to a female fiancée.