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Resulting trust

Law Restrictive covenantResulting trusts

Resulting Trust definition:
A trust that is presumed by the court from certain situations.
Related Terms: Trust, Constructive Trust ...

 


Resulting Trust
(n) when the court observes that the holder or a person possessing a property by virtue on an agreement or implied circumstances leading to such belief, ...

RESULTING TRUST
n. a trust implied by law (as determined by a court) that a person who holds title or possession was intended by agreement (implied by the circumstances) with the intended owner to hold the property for the intended owner.

RESULTING TRUSTS, estates. Resulting, implied or constructive trusts, are those which arise in cases where it would be contrary to the principles of equity that be in whom the property becomes vested, should hold it otherwise than as a trustee.

Resulting trust
A trust that is presumed by the court from certain situations.

Resulting trust
Definition
: an implied trust based upon the presumed intentions of the parties as inferred from all the circumstances that the party holding legal title to trust property holds it for the benefit of the other ...

resulting trust
n. a trust implied by law (as determined by a court) that a perso...
retainer
n. the advance payment to an attorney for services to be performe...

The effect of a constructive trust is that the owner of the property may have to hold the property in trust for the contributor. Resulting Trust An action taken with the intent of creating a trust, ...

The most important battleground in this controversial area of law is that of resulting trusts.

Presumption of Advancement:
A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust.

or imposes onto participants of very specific circumstances such as those giving rise to an action for unjust enrichment, and notwithstanding the lack of any willing settlor to declare the trust (contrast with express trusts and resulting trusts).

Resulting trust: Trust which comes into being when an express trust fails. It is similar to a constructive trust but the court will presume an intention to create a trust.

See also: Property, Trust, Court, Action, Lawyer

Law Restrictive covenantResulting trusts

 
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