Show Summary Details
Page of

(p. 288) 16. Resulting Trusts 

(p. 288) 16. Resulting Trusts
(p. 288) 16. Resulting Trusts

Simon Gardner

Page of

PRINTED FROM OXFORD LAW TROVE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice).

date: 19 June 2021

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.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.