法律英语词汇“resulting trust”的翻译、意思、用法、释义-法律词典

resulting trust
An implied trust that arises by operation of law. Such a trust has arguably been abolished in the context of land by section 60(3) of the Law of Property Act 1925. A distinction has often been made between automatic resulting trusts and presumed intention resulting trusts, although many leading commentators have now abandoned this terminology. There are a number of situations that will give rise to a resulting trust:

• where a trust fails to dispose of the entire beneficial interest, the trust property that is undisposed of will “result” back to the settlor (Re Vandervell’s Trusts [1971] AC 912 (CA));

• where there is a voluntary conveyance of property to a third party, there will be a rebuttable presumption of a resulting trust (Hodgson v Marks [1971] Ch 892);

• where the purchase money for property is paid by A and B and legal title to the property is held in B’s name alone, there will be a presumption that B holds the property on trust for himself and A in beneficial shares equal to the proportion of their contribution. Since Jones v Kernott [2011] UKSC 53, [2012] 1 AC 776 the resulting trust is considered to be an inappropriate mechanism for resolving disputes over the family home. However, it is still appropriate for joint acquisition of commercial property and property purchased by family members for investment purposes (Laskar v Laskar [2008] EWCA Civ 347).

In addition to the well-established circumstances in which a resulting trust will arise, there has been considerable support for the proposition that Quistclose trusts are a form of resulting trust, although this analysis is by no means universally accepted.