Research Commons
      • Browse 
        • Communities & Collections
        • Titles
        • Authors
        • By Issue Date
        • Subjects
        • Types
        • Series
      • Help 
        • About
        • Collection Policy
        • OA Mandate Guidelines
        • Guidelines FAQ
        • Contact Us
      • My Account 
        • Sign In
        • Register
      View Item 
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      JavaScript is disabled for your browser. Some features of this site may not work without it.

      The presumption of advancement: Is it time to relegate this doctrine to the annals of history?

      Chevalier-Watts, Juliet
      Thumbnail
      Files
      Chevalier-Watts_ Presumption of advancement in Canada and Australasia.pdf
      Published version, 1.227Mb
      Citation
      Export citation
      Chevalier-Watts, J. (2016). The presumption of advancement: Is it time to relegate this doctrine to the annals of history? Lakehead Law Journal, 2(1), 15–30.
      Permanent Research Commons link: https://hdl.handle.net/10289/10833
      Abstract
      While the doctrine of the presumption of advancement and its applicability have been the subject of much judicial and academic criticism, this article reviews judicial approaches from Australasia and Canada and argues that the doctrine is still relevant in contemporary times. While it is evident that Canadian courts are not willing to support the place of the presumption of advancement in relation to gratuitous gifts by parents to adult children, Australasian jurisprudence supports a more expansive view, which is consistent with the basis of the doctrine. The more expansive view is that the natural bond of love and affection flows from a parent to child, irrespective of the age of the child, and this does not change, regardless of social, political, or economic constraints or changes. Therefore, it is argued that the doctrine is still a useful tool in the judicial toolbox for resolving family disputes today. As a result, the author does not support the relegation of this doctrine to the annals of history, because to do so would be to ignore the realities of contemporary economic pressures.
      Date
      2016
      Type
      Journal Article
      Publisher
      Lakehead University
      Rights
      © 2016 Copyright with the author.
      Collections
      • Law Papers [303]
      Show full item record  

      Usage

      Downloads, last 12 months
      77
       
       

      Usage Statistics

      For this itemFor all of Research Commons

      The University of Waikato - Te Whare Wānanga o WaikatoFeedback and RequestsCopyright and Legal Statement