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(p. 147) 6. Introduction to resulting and constructive trusts 

(p. 147) 6. Introduction to resulting and constructive trusts
(p. 147) 6. Introduction to resulting and constructive trusts

Sarah Wilson

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date: 25 February 2020

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses resulting and constructive trusts. These trusts arise on the basis of conscience, but are different from ‘express trusts’ because they arise in ways other than as a result of a settler’s express intention to create a trust. The discussions cover the significance and rationale for trusts that are ‘implied’; trusts that are implied from failed attempts to create trusts and from equitable interest being ‘returned’ at some later date; trusts implied from a ‘voluntary conveyance’; resulting trusts and rebutting presumed intention; situations in which constructive trusts have been found to exist; and whether the constructive trust too flexible and too adaptable.

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