Resulting Trust

What is a Resulting Trust in Tort Law?

Quick Definition

A resulting trust is an implied trust that arises when property is transferred under circumstances suggesting that the transferee should not benefit from it. This often occurs when the transferor's intentions are not fully expressed, and the law presumes the property should "result" back to the transferor or their estate.

In Context

Resulting trusts typically appear in situations where there is an incomplete transfer of property or when a purchase is made in someone else's name without clear intention of gifting. A notable case is Vandervell v IRC (1967), where the court dealt with the complexities of beneficial ownership and resulting trusts. In exams, you might be asked to determine whether a resulting trust should be imposed based on the facts of a case.

See Also

• Constructive Trust

• Express Trust

• Equitable Ownership

Learn More

Uncover more about resulting trusts with our Tort Law Notes for in-depth case law analysis and study tips.