This article's factual accuracy is disputed. Relevant discussion may be found on the talk page. Please help to ensure that disputed statements are reliably sourced.(January 2015) (Learn how and when to remove this message)
James LJ, who set the standard rule for the rebuttal of presumptions in Fowkes v Pascoe.
English trust law
Types of trust
Charitable trust
Constructive trust
Discretionary trust
Express trust
Purpose trust
Quistclose trust
Resulting trust
Secret trust
Functionaries
Beneficiary
Protector
Settlor
Trustee
Statutes
Charitable Uses Act 1601
Charities Act 2006
Law of Property Act 1925
Perpetuities and Accumulations Act 1964
Perpetuities and Accumulations Act 2009
Public Trustee Act 1906
Recognition of Trusts Act 1987
Statute of Frauds (1677)
Trustee Act 1925
Trustee Act 2000
Trusts of Land and Appointment of Trustees Act 1996
Variation of Trusts Act 1958
Wills Act 1837
Remedies
Account of profits
Breach of trust
Damages
Equitable remedy
Tracing
Other
Cy-près
Formalities
History
Trustee liability
Rule against perpetuities
Three certainties
International
Conflict of laws of trusts
Hague Trust Convention
v
t
e
Resulting trusts in English law are trusts created where property is not properly disposed of. It comes from the Latin resultare, meaning to spring back, and was defined by Megarry VC as "essentially a property concept; any property that a man does not effectually dispose of remains his own".[1] These trusts come in two forms: automatic resulting trusts, and presumed resulting trusts. Automatic resulting trusts arise from a "gap" in the equitable title of property. The equitable maxim "equity abhors a vacuum" is followed: it is against principle for a piece of property to have no owner. As such, the courts assign the property to somebody in a resulting trust to avoid this becoming an issue. They occur in one of four situations: where there is no declaration of trust, where an express trust fails, where there is surplus property, or upon the dissolution of an unincorporated association. Rules differ depending on the situation and the type of original trust under dispute; failed charitable trusts, for example, have the property reapplied in a different way from other forms of trust.
Where property passes between individuals, English law presumes that the relationship between them makes it an outright gift, and thus not subject to a resulting trust in the event of failure; this is the "presumption of advancement". A presumed resulting trust occurs where the transfer fails, and there is no reason to assume it was intended as an outright gift. With some relationships, such as property transfers between father and son and husband and wife, this presumption of advancement is applied by default, and requires strong evidence for it to be rebutted. Presumed resulting trusts do arise, however, in one of three situations: where it is a voluntary gift, where there is a contribution to purchase price, and where the presumption that it was an outright gift can be rebutted. Rules differ for transfers and gifts of personal property and land; while personal property is assumed by default to create a resulting trust, Section 60(3) of the Law of Property Act 1925 prevents the creation of automatic resulting trusts. It does not comment on presumed resulting trusts, and while later law has seemingly permitted such trusts, there is some disagreement.
^Cite error: The named reference ed254 was invoked but never defined (see the help page).
and 26 Related for: Resulting trusts in English law information
ResultingtrustsinEnglishlaw are trusts created where property is not properly disposed of. It comes from the Latin resultare, meaning to spring back...
the settlor. Not all trusts where the settlor is also the beneficiary are resultingtrusts. In common law systems, express trusts that clearly state the...
Englishtrustlaw concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English...
Quistclose trustsin existing trustslaw: whether they are resultingtrusts, express trusts, constructive trusts or, as Lord Millett said in Twinsectra...
InEnglishlaw, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that...
Constructive trustsinEnglishlaw are a form of trust created by the Englishlaw courts primarily where the defendant has dealt with property in an "unconscionable...
public interest. As well as charitable trusts, there are several exceptions to the rule against purpose trusts. If the requirement to fulfill a purpose...
Charitable trustsinEnglishlaw are a form of express trust dedicated to charitable goals. There are various advantages to charitable trust status, including...
Discretionary trusts and powers inEnglishlaw are elements of the Englishlaw of trusts, specifically of express trusts. Express trusts are trusts expressly...
law are different. In England, property law encompasses four main topics: English land law, or the law of "real property" EnglishtrustslawEnglish personal...
only in criminal law but also in civil law, where it is relevant to contract law and trustslaw. Duress involves illegitimate threats. The common law long...
The creation of express trustsinEnglishlaw must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity...
Englishlaw is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures...
Tracing is a procedure inEnglishlaw used to identify property (such as money) which has been taken from the claimant involuntarily or which the claimant...
inEnglishlaw are required in some kinds of transaction by English contract law and trustslaw. In a limited number of cases, agreements and trusts will...
Woodford (1799) 4 Ves 227 is an Englishtrustslaw case. It was a lawsuit resulting from the will of Peter Thellusson, an English merchant (1737–1797). Peter...
and trusts concerns the origin of the body of rules known as Equity, Uses, Englishtrustlaw and their development into the modern body of trustlaw that...
Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition...
usual considerations in inter vivos trusts. If a testamentary trust fails, the property usually will be held on resultingtrusts for the testator's residuary...
purpose trusts. Trusts for charitable purposes are also technically purpose trusts, but they are usually referred to simply as charitable trusts. People...
1996) is a leading Englishtrustslaw case concerning the circumstances under which a resultingtrust arises. It held that such a trust must be intended...
Australian trustlaw is the law of trusts as it is applied in Australia. It is derived from, and largely continues to follow Englishtrustlaw, as modified...
[2002] UKHL 12 is a leading case inEnglishtrustslaw. It provides authoritative rulings in the areas of Quistclose trusts and dishonest assistance. Twinsectra...
to be held on trust for the purposes of the association in a private purpose trust. Purpose trusts are not permitted inEnglishlaw (with the exception...
Global Information
