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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).
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] It has now been overruled by Patel v Mirza [2016] UKSC 42.
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno [note 1] (G. R. No. 237428), [3] [4] [5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file ...
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.
Court: Supreme Court of the Philippines en banc: Full case name; Jose Jesus M. Disini, Jr., Rowena S. Disini, Lianne Ivy P. Medina, Janette Toral and Ernesto Sonido, Jr., vs. the Secretary of Justice, the Secretary of the Department of the Interior and Local Government, the Executive Director of the Information and Communications Technology Office, the Chief of the Philippine National Police ...
Air Jamaica Ltd v Charlton [1999], UKPC 20, is an English trusts law case concerning resulting trusts. In this case, Lord Millett expressed the view that a resulting trust arises due to the absence of intention to benefit a recipient of money.
It ceases to exist whenever that gap is filled by someone becoming beneficially entitled. As soon as the gap is filled by the creation or declaration of a valid trust, the resulting trust comes to an end. In this case, before the option was exercised, there was a gap in the beneficial ownership. So there was a resulting trust for Mr Vandervell.
The law of trusts was constructed as a part of "Equity", a body of principles that arose in the Courts of Chancery, which sought to correct the strictness of the common law. The trust was an addition to the law of property, in the situation where one person held legal title to property but the courts decided it was fair just or "equitable" that ...