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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).
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 ...
Vandervell v Inland Revenue Commissioners [1967] 2 AC 291 is a leading English trusts law case, concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust (for example, to avoid taxes) does not make it so. This case was the first in a series of decisions involving Tony Vandervell's trusts and his tax ...
Westdeutsche Landesbank Girozentrale v Islington LBC [1996] UKHL 12, [1996] AC 669 (22 May 1996) is a leading English trusts law case concerning the circumstances under which a resulting trust arises. It held that such a trust must be intended, or must be able to be presumed to have been intended.
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 .
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.
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.
The only other reasoned decision was Lord Hoffmann, who agreed with Lord Millett but disagreed as to whether it was an express or resulting trust. Some have suggested that a Quistclose trust is indubitably a trust but would not be a resulting trust as the beneficial interest never 'results back' to the lender; it was with him all the time ...