Resulting Trusts

Question 1

What is the presumption of a resulting trust and advancement?

Answer 1

If someone transfers property to another, the law applies presumptions of a resulting trust / advancement.

Question 2

What is a presumption of resulting trust in personalty

Answer 2

(Any property other than land)
Generally arise a presumption.

Question 3

What must the contribution be for there to be a presumption of a resulting trust?

Answer 3

Contribution must be contemporaneous with the purchase e

Must be directed to the actual purchase price itself

Question 4

What is the presumption of advancement

Answer 4

Presumption of a gift.

No resulting trust, and transferor is presumed to be gifting.

This is only applicable if father to child, in loco parentis to child, husband to wife, or fiancé’s

Question 5

How can these presumptions be rebutted?

Answer 5

Showing intention that is otherwise

Evidential burden of proof.

Evidence to rebut a presumption must be of the transferors intention before or at time of transfer

Question 6

What happens if the beneficial interest is not completely disposed of when transferred to a third party?

(If express trust but something goes wrong)

Answer 6

The third party is seen as holding onto property in a resulting trust for the settlor. This is an automatic resulting trust