Implied Trust

Question 0

1) transfer into joint names

Answer 0

Stack v Dowden : presumption of equal beneficial ownership

Question 1

Is the trust constructive or resulting?

Answer 1

Oxley v Hiscock - for family contexts, the trust should be constructive

Laskar v Laskar : property for an investment between family, resulting trust

Question 2

1) transfer into single name

Answer 2

Lloyds Bank v Rosset : establishing a common intention

Express common intention

• at the time of acquisition, there was some discussion about the shares
• Eves v Eves : too young
• Grant v Edwards : marriage

Inferred or implied common intention
- Direct contribution to the purchase price

Impute common intention, Kernott v Jones

Question 3

2) establishing the detriment

Answer 3

Stack v Downden : direct or indirect financial contribution

Question 4

3) Quantification - joint names

Answer 4

Stack v Dowden presumption

Kernott v Jones : this presumption can be rebutted given evidence of anterior intention

Stack v Dowden : financial contribution, etc.

Question 5

3) Quantification - sole name

Answer 5

Stack v Downden presumption

However, can infer a common intention to the contrary

Kernott v jones : determine what is FAIR, having regard to the whole course of dealing between them in relation to the property