2017 answer .docx - Analyse with reference to case law and academic commentary the circumstances when an automatic resulting trust will arise Resulting

2017 answer .docx - Analyse with reference to case law and...

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Analyse with reference to case law and academic commentary the circumstances when an automatic resulting trust will arise. Resulting trusts arise by implication based on the presumed intention of the settlor. The antiquated use of the word “resulting” refers to where a person transfers his property but the beneficial interest reverts or comes back to the transferor. The term 'resulting trust' comes from the Latin resalire - meaning to jump back. The creation of a resulting trust is exempt from the formalities required in relation to the creation of express trusts. Traditionally there is a distinction made between an automatic resulting trust, and a presumed resulting trust. Failure of the express Trust If a settlor intends to create an express trust but his attempt fails, e.g. because of uncertainty of objects or because of uncertainty as to the beneficial interest,
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  • Fall '15
  • Law, Wills and trusts, Express Trust, uncertainty of objects

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