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(p. 288) 16. Resulting Trusts 

(p. 288) 16. Resulting Trusts
Chapter:
(p. 288) 16. Resulting Trusts
Author(s):

Simon Gardner

DOI:
10.1093/he/9780199545759.003.0016
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date: 25 August 2019

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.

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