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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.
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).
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.
The Court of Appeal held that the father could demand return of the shares, because his illegal scheme had not in fact been carried into effect. Millett LJ said it was true that an illegal purpose cannot rebut the presumption of advancement, but because the illegal purpose had not been carried out, the father was not precluded of pleading the purpose to claim a resulting trust.
By contrast, Lord Hoffmann characterised the trust as being an express, rather than a resulting trust. Although there may not have been words used to this effect, the solicitor's undertaking that the money should only be used for one purpose so that the money is not at the borrower's free disposal, was sufficient intent to create a trust.
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 ...
Constructive trust, resulting trust, equity Hussey v Palmer [1972] EWCA Civ 1 is an English trusts law case of the Court of Appeal . It concerned the equitable remedy of constructive trusts .
He distinguished two kinds of resulting trusts as "presumed resulting trusts", where the courts presume the parties' intend to make a resulting trust, and "automatic resulting trusts", where assets are passed to a trustee on express trusts, but a surplus remains. In each case the assets return (or result back) to the transferor.