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Presumption Of Advancement: A Legal Anachronism (Husband And Wife)

Source: Derick Adu-Gyamfi

Presumption Of Advancement: A Legal Anachronism (Husband And Wife)
MarryRight Ghana

Presumption of advancement is a legal presumption which arises in various forms. It simply means a transfer of property or money from husband and child and also from husband and wife.

The issue whether transfer of the property was to be construed as a gift or as a resulting trust is a rebuttable presumption by leading evidence to that effect. It can only be rebutted by the donor of property exhibiting evidence of overt acts which will contradict that the gift was not intended to be a gift but it was a resulting trust.

The presumption states that where a husband transfers property to wife, or a father to his child or someone to whom he has assumed parental responsibility, then in the absence of any evidence the court will presume that the transfer was by way of gift.

On the other hand, the law as to presumption of advancement and resulting trust is well settled. It is settled principle of law that where one purchases property and causes the legal estate in the property to be conveyed in the name of another who provided none of the purchase price, there is rebuttable presumption that the purchaser of the property intended that other person should not enjoy the beneficial interest but should hold the legal estate as a trustee for the purchaser.


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