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The resulting trust is a form of trust imposed by the courts…without any of the parties intended that such a trust be created…There are a number of situations in which presumptions operate in relation to resulting trusts.
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"The resulting trust is a form of trust imposed by the courts...without any of the parties intended that such a trust be created...There are a number of situations in which presumptions operate in relation to resulting trusts. When a presumption does operate, it is nevertheless open to the defendant to seek to rebut that presumption." To reduce the element of doubt over the uncertainty of the settlor's intention, the Courts will impose a resulting trust even where neither parties intended that such a trust is created. Primie facie, it is the settlor's intention that determines the ownership of a beneficial interest and when that beneficial interest is unclear, the court will imply or presume a trust to spring back to the transferor. Two situations where a presumed resulting trust will arise; in the situation where there is a purchase of property in the name of another. Secondly where there is a...
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