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.
The most important battleground in this controversial area of law is that of resulting trusts.
Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; ...
are founded on the express or inferred intention of the settlor, resulting trusts are founded on the presumed (but rebuttable) intention of the transferor or purchaser of the property, ...
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).
See also: Owing, Court, Trust, Action, Will
 
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