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Chapter

Cover The Law of Trusts

10. Resulting trusts  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter considers resulting trusts. It first considers the history of resulting trusts. Then it discusses the two basic kinds of resulting trusts: presumed resulting trusts (PRTs) and ‘automatic’ resulting trusts (ARTs). The content of the presumption of resulting trusts and the presumption of advancement are discussed. Lastly, the nature of resulting trusteeship is considered.

Chapter

Cover Equity & Trusts

8. Resulting Trusts  

Paul S Davies and Graham Virgo

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses resulting trusts and its two principal categories — ‘presumed’ resulting trusts and ‘automatic’ resulting trusts. Resulting trusts are a limited category of trusts that arise on certain facts where neither an express trust nor a constructive trust exists. Automatic resulting trusts arise where an express trust fails initially or subsequently, while presumed resulting trusts arise where a person voluntarily transfers property for no consideration in return, or contributes to the purchase of property in the name of another. There is a controversy regarding the basis of resulting trusts; the better view is that resulting trusts do not respond to unjust enrichment, but reflect a presumed intention of the transferor to have a beneficial interest in the transferred property.

Chapter

Cover The Principles of Equity & Trusts

8. Resulting Trusts  

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.

Chapter

Cover The Principles of Equity & Trusts

8. Resulting Trusts  

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.

Chapter

Cover Essential Cases: Land Law

Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover The Successful Law Student: An Insider's Guide to Studying Law

10. Feedback, Reflection, and Looking Forward from Assessment  

This chapter looks at feedback, the importance of reflecting on assessment and results, and moving forward from assessment. It considers the importance of feedback as an essential part of the learning process. It explores what feedback and ‘feedforward’ mean and guides the student in identifying and finding feedback. It considers how students can make the most of the feedback opportunities available to them to build on their experience and enhance their chances of success. The chapter also looks at the post-assessment period. It looks at the role of reflection and re-evaluation in responding to assessment and enabling success, and includes consideration of coping with disappointment and setbacks.

Chapter

Cover Essential Cases: Land Law

Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burgess v Rawnsley [1975] 3 All ER 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Complete Equity and Trusts

7. Resulting trusts  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Resulting trusts arise in a surprising number of situations, such as where an existing trust cannot carry on, for some reason. Then the trust property is said to be held on resulting trust. This means that the property is to be returned to its original owner. This chapter discusses the two types of resulting trust; the automatic resulting trust; the theory of resulting trusts; presumed resulting trusts; the presumption of advancement; the importance of the presumptions today; and illegality.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

22. Cy-près: redistributing funds and changing purposes  

This chapter discusses ‘cy-près’, which is an application to alternative charitable purposes should a charity cease to operate but still possess assets. One possibility is that the assets should be returned to those who donated them on the basis of a resulting trust, in much the same way as a surplus on the failure of a private trust will return to the original contributors. However, charitable trusts are treated differently from private trusts because they have a public character. The law regards property given for any specific charitable purpose as given not merely to that particular purpose but dedicated to charity in the general sense. It follows that if the particular purpose for which the property was given fails, it will be applied, under a scheme drawn up by the Charity Commission, to other similar charitable purposes and will not return to the donor under a resulting trust.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

9. Resulting trusts  

This chapter examines resulting trusts, which are one of the two main categories of informal trusts in English law. In general, resulting trusts arise to fill gaps in beneficial ownership or to give effect to the implied intention of the owner of property that someone else should not enjoy the benefit of it. Under existing law, a resulting trust arises in two sets of circumstances. One is where A makes a voluntary payment to B or pays (wholly or in part) for the purchase of property which is vested either in B alone or in the joint names of A and B, with a presumption that A did not intend to make a gift to B. The other is where A transfers property to B on express trusts, but the trusts declared do not exhaust the whole beneficial interest.

Chapter

Cover Land Law

6. Interests in the Family Home  

For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through operation of the law of implied trusts: constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that gives courts jurisdiction to declare and adjust property interests. In this situation, the courts turn to the law of trusts to determine rights in the home, as this chapter explores.

Chapter

Cover Textbook on Land Law

18. Trusts of the family home  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with trusts of the family home. It explains how cohabitants, spouses, and civil partners may acquire rights to share in a family home owned by the other partner (sole name cases) and compares these to the joint name cases discussed in Chapter 17; how shares in a family home are quantified in sole name and joint-name cases; and the consequences where partners’ intentions about ownership change over time. The law is illustrated by reference to 11 Trant Way, which is held in the sole name of Mark Mould and occupied both by himself and his wife, Sally Mould.

Chapter

Cover Family Law

5. Property Division on the Breakdown of Non-Matrimonial Relationships  

Warren Barr

The family home is the key property asset that most family members will own in their lifetimes. However, many people living together in a home do not give any real thought to whether the property is owned between them, or what would happen if they separated. This chapter explores the reasons why cohabitants do not often think through their entitlements to the property, and why the law has been slow to provide redress to them. It considers the rules applicable to the application of trusts and proprietary estoppel to aid cohabitants, as well as critiques them. It also examines the practical impact of the remedies provided by outlining what happens when property is to be sold. Finally, it considers the many attempts at law reform and why they have, to date, failed to reach the statute books.

Chapter

Cover Essential Cases: Equity & Trusts

Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover An Introduction to the Law of Trusts

16. Resulting Trusts  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with resulting trusts. A resulting trust is a trust whose beneficiary is also the person from whom the trustee acquired the trust property: a beneficial interest ‘results’, i.e. jumps back, to him. The generation of a resulting trust can be explained by the notion of proprietary inertia. Proprietary inertia holds that whenever someone has not demonstrably chosen to give his property away and succeeded in doing so, he should remain its owner. In other words, the transferee of some property should hold it on trust for the transferor whenever the transferor has not demonstrably chosen to give his property away and succeeded in doing so.

Chapter

Cover Bromley's Family Law

4. The Family Home  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter discusses the legal treatment of the family home. It considers the rules governing ownership and the application of the concepts of resulting and constructive trusts and proprietary estoppel to determining entitlement to and shares in the property. It then discusses occupation of the family home, statutory home rights and other forms of protected occupation. It concludes with a discussion of reform proposals including the introduction of a discretionary remedial regime for cohabiting couples.

Chapter

Cover Essential Cases: Equity & Trusts

Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Concentrate Questions and Answers Land Law

7. Co-ownership and Trusts of Land  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter considers co-ownership (the distinction between joint tenancies and tenancies in common and the process of tracing logically the devolution of both the legal estate and the equitable interests) and trusts of land, and what should be taken into account in order to determine the beneficial interests of the parties in a domestic setting; the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996); and co-ownership under constructive and resulting trusts.