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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).
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 ]
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.
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 ...
The petitioners did not pursue a new case after the Supreme Court remanded the case back to the trial court. [16] After the decision, the Philippine government had inventoried the remnant old growth forests and restricted logging in those areas. [17] The case is recognized in its contribution in the development of international environmental law.
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.
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.
Republic of Philippines v. Pimentel , [ note 1 ] 553 U.S. 851 (2008), is a decision of the Supreme Court of the United States which clarified the Federal Rules of Civil Procedure as regards money damages sought by a foreign government, the Republic of the Philippines , via its Presidential Commission on Good Government (PCGG).