CREATION OF TRUST - resulting trust

Question 1

when do resulting trusts arise

Answer 1

when there is absence of clear intention, will give effect to what can be presumed

Question 2

westdeutshe case

Answer 2

1. where a volentarily pays for property vested in b or A and b - premuption it is not a gift but held on trust for A by B
2. where a settles an express trsut but the deed does not exhaust the entire interest - property revenrts back to A on trust