Resulting Trust

Question 1

Resulting Trust

Answer 1

implied by court based on parties’ presumed intent

resulting trustee must transfer property back to S / S’ estate

Question 2

Resulting Trust - When Created

Answer 2

1. PET ends w/ no instructions
2. PET fails bc no ben.
3. PET has excess corpus
4. Charitable Trust impossible and no cy present
5. Purchase Money Resulting Trust
6. Semi-Secret Trust

Question 3

Purchase Money Resulting Trust

Answer 3

A pays B to transfer property to C

• A and C closely related = gift
• A and C not related = C holding as PMRT f/b/o A

Question 4

Semi-Secret Trust

Answer 4

S gives property to A “as trustee” but names no beneficiary at all

Ext E not allowed, it’s just a resulting trust