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The courts in England and Wales have recognised three main types of implied trust i.e. a trust where the courts will be willing to create a trust even where no specific words/evidence are used. These are the Resulting Trust (RT)[1], the
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The area of implied trusts is a problematic one, not least because of the way in which the Court of Appeal (CA) and the House of Lords (HL) have dealt with this area of law. This has lead to a degree of uncertainty. Many argue that instead of this area being based on fairness, as maybe it should be, judges have instead followed principles, which although they guarantee certainty, do not guarantee fairness, which this area should promote. The courts in England and Wales have recognised three main types of implied trust i.e. a trust where the courts will be willing to create a trust even where no specific words/evidence are used. These are the Resulting Trust (RT)1, the Express Constructive Trust (CT) and the Implied CT. The RT will only arise in one situation i.e. where both parties have contributed towards the purchase price the courts will give them their...
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