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Resulting Trusts
https://lawexplores.com/resulting-trusts/
A resulting trust is not imposed by law against the intentions of the trustee (as is a constructive trust), but gives effect to his presumed intention. Megarry J in In Re Vanderveil’s Trusts (No 2) [1974] Ch 269 suggests that a resulting trust of type (B) does not depend on intention but operates automatically. I am not convinced that this is ...
Resulting trusts - e-lawresources.co.uk
http://www.e-lawresources.co.uk/Land/Resulting-trusts.php
Resulting trusts arise in the absence of an express declaration where a person holds legal title in circumstances where they can not be taken to have full equitable ownership. According to Re Vandervell's Trusts (no 2) [1974] Ch 269 There are two categories of resulting trusts: Automatic resulting trust. Presumed resulting trust.
Resulting Trusts: Quantum of Evidence Required
https://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?article=1109&context=tlr
To be established, a resulting trust must have been proven by the tracing of the original funds placed in the hands of the other spouse through the various subsequent investments, pointing out at each interval the amount held for the resulting trust claimant. Such was the situation in Holt v. Johnson. 2 . Dunagan and Turner: Resulting Trusts ...
Resulting trusts in English law - Wikipedia
https://en.wikipedia.org/wiki/Resulting_trusts_in_English_law
Definition. The name resulting trust comes from the Latin resultare, meaning to spring back.It was defined in Re Sick and Funeral Society of St John's Sunday School, Golcar, where Megarry VC stated that "A resulting trust is essentially a property concept; any property that a man does not effectually dispose of remains his own". A resulting trust could also be defined as an equitable …
What is a Resulting Trust? - Wagner Sidlofsky
https://www.wagnersidlofsky.com/what-is-a-resulting-trust
2012 BCSC 467I ↵; 2011 SCC 10 ↵; Pecore v. Pecore, (2007) 1 S.C.R. 795.The Supreme Court of Canada defined a resulting trust as follows: “A resulting trust arises when title to property is in one party’s name, but that party, because he or she is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner.
Resulting Trusts | Digestible Notes
https://digestiblenotes.com/law/trusts/resulting_trusts.php
Introduction. ⇒ A resulting trust is always for the benefit of the original owner of the property. ⇒ Resulting trusts arise where the beneficial title in property reverts to, or never leaves, the original legal owner of the property. It may never leave the legal owner where the nature of the transaction is not to pass the beneficial title ...
06. Resulting Trusts - Jaani.net
https://www.jaani.net/resources/law_notes/equity_and_trusts/06_Resulting_trusts.pdf
A voluntary transfer of property gives rise to a presumption that a resulting trust was intended (‘presumption of resulting trust’). 1 Definition The presumption of resulting trust is an initial evidentiary position influencing the determination of the parties’ beneficial interests. It arises out of the uncontroversial observation about human
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
⇒ “Following” and “tracing” are both exercises in locating assets which are or may be taken to represent an asset belonging to claimants ... ⇒ In In Re Diplock [1948], the trust failed as a purpose trust, so the property was held on resulting trust for the residuary beneficiaries. Accordingly, they were entitled to trace the money ...
Resulting Trust legal definition of Resulting Trust
https://legal-dictionary.thefreedictionary.com/Resulting+Trust
Resulting Trust: An arrangement whereby one person holds property for the benefit of another, which is implied by a court in certain cases where a person transfers property to another and gives him or her legal title to it but does not intend him or her to have an equitable or beneficial interest in the property. Since this beneficial interest ...
Using resulting trusts to attack company assets - Lexology
https://www.lexology.com/library/detail.aspx?g=5344406e-682d-4cf1-bf92-23474518e562
In finding that Mr Akbar was the beneficial owner of the property, the judgment of Edis J in Cobussen (at paras 44-49) confirms the modern trend towards a more expansive approach to resulting trusts.
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