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Rebutting presumption of advancement

Language: English Series: Times ; 13 April 1995, 36(1)Publication details: 1995Subject(s): Summary: In "McGrath v Wallis", CA 10 March 1995, it was held that where a house had acquired for joint occupation but was conveyed into the name of only one of the occupants, the equitable presumption of advancement was to be considered as a judicial instrument of last resort. Not only in cases between husband and wife but also in those between father and child the presumption was rebuttable by comparatively slight evidence.

In "McGrath v Wallis", CA 10 March 1995, it was held that where a house had acquired for joint occupation but was conveyed into the name of only one of the occupants, the equitable presumption of advancement was to be considered as a judicial instrument of last resort. Not only in cases between husband and wife but also in those between father and child the presumption was rebuttable by comparatively slight evidence.