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The theoretical justification for resulting trusts was discussed by the Privy Council, in Air Jamaica v Charlton, [7] where Lord Millet said that "Like a constructive trust, a resulting trust arises by operation of law, though unlike a constructive trust it gives effect to intention. But it arises whether or not the transferor intended to ...
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to hold the property for the benefit of another person. The trust property is said to "result" or revert to the transferor (as an implied settlor).
The presumption of a resulting trust was rebutted. If there is no evidence either way of intention to benefit someone with a property transfer, the presumption of a resulting trust is transferred is not absolute. The Law of Property Act 1925 section 60(3) states that a resulting trust does not arise simply with absence of an express intention ...
Dec. 28—A planned protest during the May graduation of the Niagara County Law Enforcement Academy led to monumental changes for the program in 2021. The year began with the program located on ...
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 Vandervell (No 2) suggests that a resulting trust of type (B) does not depend on intention but operates automatically. I am not convinced that this is right.
Illegality, resulting trust, presumption Tinsley v Milligan [1993] UKHL 3 is an English trusts law case, concerning resulting trusts , the presumption of advancement and illegality . The decision was criticised as "creating capricious results". [ 1 ]
Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries. In medieval English trust law, the settlor was known as the feoffor to uses, while the trustee was known as the feoffee to uses, and the beneficiary was known as the cestui que use, or cestui que trust.
The U.S. Justice Department will oversee changes to Clay County schools’ screening and teaching of students just learning English as part of a civil rights investigation settlement announced ...