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The presumption of advancement lives on: Liao v Liao and the enduring bond between parent and child The Legal Framework: Resulting Trusts and the Presumption of Advancement The Orthodox Position: England and Australia The Diverging Approach: Canada The Shifting Approach: New Zealand The Present Case: Background The Issues on Appeal The New Zealand Court of Appeal's Reasoning Comment
In Liao v Liao [2026] NZCA 250, the New Zealand Court of Appeal has confirmed that the presumption of advancement continues to apply to transfers from parents to adult children in New Zealand, regardless of the child's age or financial independence.
The Court dismissed the appeal on the evidence, holding that the evidence of the parties' intentions clearly displaced the presumption of a resulting trust without recourse to the presumption of advancement. The decision follows several recent New Zealand decisions drifting from the traditional English common law position, which the Court of…
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