24 - resulting trusts

Question 1

latin root of resulting trust

Answer 1

resultare means to spring/jump back
- jumping back to the settlor

Question 2

in resulting trusts, property can resort to the…..

Answer 2

settlor even if it was not left to the settlor

Question 3

3 reasons for a resulting trust

Answer 3

1. transferred prop but fails
2. prop transferred (said to be trust) but not clear what was on trust
3. trust doesn’t exhaust the trust property

Question 4

general principle by lord brown-wilkinson resulting trust

Answer 4

trusts reflect presumed intentions, not imposed by law

Question 5

crampton-smith v crampton-smith - result

Answer 5

• bro give sis $ to buy land in her name
• $ paid back to bro but house sold w/o bro knowledge
• no evidence it was gift/loan (paid to law firm not her directly)
• right to original sum and gains remain w/ bro

Question 6

buffery v buffery - result

Answer 6

• mr + mrs owned property together
• mrs was accused by orix (employer) of stealing
• mr need to ensure he had property rights during orix carrying out legal action against mrs
  -was presumed that the beneficial interest in the property is held in proportion to their respective contributions of the acquisition cost.

Question 7

Westdeutsche Landesbank Girozentrale v Council of the London Borough of Islington - result

Answer 7

• Voluntary Transfer/Property Purchase: A transfers to B or buys property in B’s name - Presumed B holds on trust for A unless it’s a case like a husband to a wife, where a gift is presumed (presumption of advancement).
• Failed Express Trusts: X transfers property to Y with specific trusts that fail - Resulting trust reverts to X.