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