8 - Resulting Trusts

Source - Unlocking Trusts

This chapter and the next are most confusing (and also important) chapters of trust law. Here is the summary of this chapter:

1) Introduction

2) Automatic resulting trusts - (a) when the settler retains the beneficial interest, see Vandervell case (b) when the purpose fails see Barclays Bank v Quistclose, Carreras Rothmans Lts v Freeman, (c) in case of surplus of funds see Abbott case, Gillinghand Bus case and contrast it with Andrews Trust case, (d) Dissolution of unincorporated associations - RT v contract theory

3) Presumed resulting trusts - (a) purchase in the name of other (b) voluntary transfer in the name of other and effect of s60(3) (c) RT v presumption of advancement and rebuttal of presumption (d) Intended unlawful activity and rebuttal of presumption