![]() In common law jurisdictions, a resulting trust law is a creation of the law of equity, rather than of common law (in the strict sense). Accordingly, spouses are deemed incapable of transmutation except under specified circumstances, such as when making an EXPRESS DECLARATION of transmutation as by clear statement in a deed or other writing of substantial dignity. Spouses have a special trusted relationship that imputes an obligation of utmost good faith and fair dealing. The marital exception to presumption of gift arises from the fiduciary duty that spouses owe to one another. The rebuttable presumption of gift affects transfers between siblings, uncles, aunts, children, and grandchildren.Ī notable exception to the presumption of gift is the transfer of property between husband and wife (transmutations). But an unrelated transferee who receives substantial value without consideration is ordinarily presumed to hold the property in trust for benefit of the transferor, unless it can be proven by them that it was intended to be a gift. The law presumes that it is legitimate to transfer property to a family member, particularly for a relative's support. ![]() The presumption may operate as an affirmative defense to a petition to establish a resulting trust implied by operation of law as it is. Some jurisdictions may establish a rebuttable presumption of gift for property transfers between relatives. It remains with the person and the case of " Vandervell v Inland Reveneue Commissioners" shows that only the beneficial interest disappears but not the beneficiary interest.Ĭlosely-related parties Wills, trusts The beneficial interest results in the settlor, or if the settlor has died the property forms part of the settlor's estate (intestacy). Another understanding of resulting trusts could be an equitable instrument used to rectify and reverse unjust enrichment. In common law systems, the resulting trust refers to a subset of trusts which have such outcome express trusts which stipulate that the settlor is to be the beneficiary are not normally considered resulting trusts. Not all trusts whose beneficiary is also the settlor can be called resulting trusts. In this instance, the word 'result' means "in the result, remains with", or something similar to "revert" except that in the result the beneficial interest is held on trust for the settlor. The trust property is said to "result" or jump back to the transferor (implied settlor). ( May 2010) ( Learn how and when to remove this template message)Ī resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it and then is implied to have held the property for benefit of another person. Please help improve this article if you can. This article may require cleanup to meet Wikipedia's quality standards.
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