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In Kirkwood Estate v. Whitefield, 2026 BCSC 1265, the BC Supreme Court considered the legal effect of mortgage gift letters in disputes between family members. The Court held that while a gift letter may be binding as against mortgage lenders and other creditors, it is not necessarily determinative of a donor's true intention for the purpose of rebutting the presumption of resulting trust. The decision provides important guidance for families contributing to home purchases and underscores the importance of carefully documenting intentions when advancing funds.

Canadian courts have consistently ruled that a gift made by cheque fails if the cheque is not deposited and cleared before the donor’s death, regardless of how clear or well‑intentioned the gift may have been. Because a cheque does not transfer money until it is paid, the funds remain part of the estate if death intervenes, often leading to unexpected outcomes and disputes. The cases discussed highlight why informal, last‑minute gifts can be risky and underscore the importance of proper estate planning to ensure intentions are carried out.