p. 2378. Resulting Trusts
- Graham VirgoGraham VirgoProfessor of English Private Law, University of Cambridge; Master-elect of Downing College, Cambridge; Bencher of Lincoln’s Inn; Academic member, XXIV Old Buildings, Lincoln’s Inn
Abstract
This chapter examines the nature of the resulting trust. It explains that a trust is called resulting when the beneficial interest in the property returns to the person who transferred the property in the first place. It discusses the theoretical foundation of the resulting trust and its categories, which include presumed and automatic resulting trusts. This chapter examines the consequences of a total or partial failure of express trust and the Quistclose trust which arises where property is transferred for a purpose which has failed, and suggests that there is no need to expand the resulting trust to encompass claims in unjust enrichment and following the rescission of a contract.
