The following Property guidance note provides comprehensive and up to date legal information covering:
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive and implied trusts, although it is perhaps doubtful whether there is any form of implied trust which is not in fact either a resulting trust or a constructive trust.
Resulting trusts are either presumed or automatic:
a presumed resulting trust arises:
where there is a voluntary transfer of property to another, or
where title to property is put into the name of someone other than the person who has provided the purchase money or other consideration for the acquisition
an automatic resulting trust arises where the disposing party has failed to dispose of their entire legal and beneficial interest in the property which is the subject of the disposal
The presumption of a rebuttable resulting trust arises on the voluntary conveyance of personalty. However, the position is less clear in the case of land, given the terms of section 60(3) of the Law of Property Act 1925 (LPA 1925). There are competing judicial and academic views as to whether that sub-section has abolished the presumption of a resulting trust in relation to land (or indeed whether the presumption existed in the first place; see Professor
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234