Implied trusts= resulting trusts

Question 1

What are the three ways in which resulting trusts arise?

Answer 1

1. where a transfer on trust wholly or partially failed but the property has been transferred to the trustee. (automatic)
2. where a person gratuitously transfers property to another person. (presumed)
3. where a person pays all or part of the purchase price for an asset. (presumed)

Question 2

what are automatic resulting trusts?

Answer 2

where there has been some sort of failure in the creation of a transfer on trust e.g failing for certainty of objects, subjects or beneficiary principle.
DOES NOT HAPPEN EVERY TIME, MUST LOOK AT INTENTION.
OFTEN IN ABC.

Question 3

what is a presumed resulting trust?

Answer 3

where a transfer is gratuitous and there is no evidence that the transferor intended the recipient to receive the property as a gift.
no consideration and no intention of gift= resulting trust.
(A presumed resulting trust arises when the legal owner transfers legal title to someone else for no consideration, but there is no evidence that there was a gift or trust intended. In such cases, equity presumes that the transferor intended the transferee to hold the property on trust for them)

Question 4

what does a resulting trust involve?

Answer 4

return of the beneficial interest to the original legal owner of property or contributor to that property.