Where he identifies a primary express trust for the creditors (the third party to which the purpose is to be applied) and a secondary resulting trust for the lender 7 the queen's college, university of oxford 1 lord millett, 'foreword' in william swadling (ed), the quistclose trust: critical essays (bloomsbury publishing 2004). At first instance the judge held that the payment of money by the claimants had created a resulting trust analogous to a quistclose trust whilst this has given academic commentators a wonderful opportunity to debate it ad nauseam (see eg w swadling, ed, the quistclose trust: critical essays (hart 2004)), it has. The traditional approach to these cases was one of either an express trust (where the interest is declared expressly in writing) or a resulting trust (where the division of the asset is fixed in the same proportion as the financial contributions to the purchase (and in some cases mortgage)) an express trust is. It may force the secret trustee to hold the property on resulting trust for the testator's estate finally, the court may decide to give full effect to the testator's wishes and enforce the secret trust, notwithstanding the terms of the succession act this final alternative is adopted when courts recognise the existence of a secret trust. Mcdonald & street: equity & trusts law concentrate 4e chapter 9: outline answers to essay questions the imposition of a resulting trust for a settlor may be contrary to their every intention discuss the situations when a resulting trust can arise and if they are justified introduction: explain that resulting trusts operate.
Under a resulting trust, the beneficial interest in the trust property has 'jumped back' (in latin, resalire) to the person from whom the trust property has in re vandervell's trust (no 2) (1974) and revived by john mee in a recent essay ('“ automatic” resulting trusts: retention, restitution, or reposing trusts. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current constructive trust paul matthews 2 reliance-based constructive trusts simon gardner 3 the nature of the trust in rochefoucauld v boustead. In c rickett & r grantham, eds, structure and justification in private law: essays for peter birks (oxford: hart, 2008) 379 w swadling, “explaining resulting trusts” (2008) 124:1 law q rev 72 r chambers, “is there a presumption of resulting trust” in c mitchell, ed, constructive and resulting trusts (oxford: hart.
Are not available and a court will look to equitable remedies such as a constructive trust because of donald's fraud, unjust enrichment at polly's expense, and insolvency, a court could feasibly impose a constructive trust on half of the proceeds from the sale of the house in favor of polly purchase money resulting trust. Resulting trust and many more factors other than the parties' financial contributions might be relevant in divining their true intentions on the facts of stack itself, the house of lords held that the presumption of joint beneficial ownership was rebutted the defendant had contributed far more to the acquisition of the house.
This essay will consider whether the statement in the question is an accurate reflection on the law think about other forms of trust such as charitable and resulting and constructive trusts charitable, resulting and presumed resulting trust which arises whenever purchase money for property is provided by more than one. In its exploration of the underlying principles of constructive and resulting trusts, this essay proposes to closely examine several cases which have helped shape, define, and in some cases actually create what we now know as the resulting and constructive trust respectively we will examine the extent to which these cases. This essay draws together material published separately in the law of finance 1e, equity & trusts 6e, the law of trusts 2e (with geraint the house of lords upheld a resulting trust over the loan moneys such that quistclose must reject prof birks‟s analysis of a resulting trust and instead accept that lord millett has.