Resulting trusts

Published by a ��˾��ҹ�� Property expert

Practice notes

Resulting trusts

Published by a ��˾��ҹ�� Property expert

Practice notes

resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive and implied trusts, although it is perhaps doubtful whether there is any form of implied trust which is not in fact either a resulting trust or a constructive trust (‘implied’ often being used simply as a synonym for ‘resulting’ or ‘constructive’ in this context).

Categorisation of resulting trusts

Resulting trusts are either presumed or automatic.

A presumed resulting trust arises:

•
where there is a voluntary transfer of property by one person to another, or
•
where title to property is put into the name of someone other than the person who has provided the purchase money or other consideration for the acquisition

An automatic resulting trust arises where the disposing party has failed to dispose of their entire legal and beneficial interest in the property which is the subject of the disposal.

Presumed resulting trusts

Voluntary conveyance

The presumption of a rebuttable resulting trust arises on the voluntary transfer of personalty. However, the position

Jurisdiction(s):

United Kingdom

Key definition:

Resulting trust definition

What does Resulting trust mean?

A trust founded on the presumed intention of the settlor.

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