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
