Trusts

Question 1

What is a resulting trust and how does it arise?

Answer 1

A resulting trust is a type of implied trust. A resulting trust arises where payments towards the purchase price were made at the time the acquisition of the property.

Question 2

Name a case study to support a resulting trust

Answer 2

Bull v Bull [1955]

Question 3

What is a constructive trust And how do they arise?

Answer 3

A constructive trust is an implied trust and they arise in relation to land where there is either any express common intention or an inferred common intention.

Question 4

Explain an express common intention a case study to support this.

Answer 4

And express common intention is where there is evidence that the parties had actually expressed an intention to share ownership of the property.

An express common intention can be found in Eves v Eves [1975]

Question 5

Explain and inferred common intention and name a case study to support this

Answer 5

Inferred common intention is where the court will infer a common intention based on the conduct of the parties.

Gissing v Gissing [1970]

Question 6

Explain the process of overreaching

Answer 6

Over reaching is a process whereby a buyer takes land free of the interests of beneficiaries.

The legal owner has the power to sell and, Provided the purchase money is paid to at least two trustees, the beneficiaries interests are swept off the land and put into the proceeds of sale.