Presumption of advancement

The presumption of advancement is a legal presumption which arises in various common law jurisdictions in relation to the transfers of money or other property. Broadly, the presumption states that where a husband transfers property to his wife, or a father to his child or someone to whom he has assumed parental responsibility, then in the absence of other evidence the court will presume that the transfer was by way of gift. Sometimes, less commonly, the presumption is referred to in the reverse, in that all other transfers are said to be subject to a presumption of loan. In Australia it has also been held to apply to transfers from a male fiancé to a female fiancée. In Hong Kong it has been suggested that it may also apply to an official concubine. In all other circumstances the transfer is presumed to be by way of loan (in the case of money) or subject to a presumed resulting trust in the case of other property.