ABSTRACT

The resulting trust is a means by which equity resolves problems as to title in property by declaring, in effect, that the last person who owned that property should be deemed to continue to be its owner. A resulting trust arises in two circumstances. First, a resulting trust will arise where a settlor has sought to transfer property or to declare a trust but has failed to make clear who is intended to take those rights, with the result that any rights left unallocated pass back to that settlor on resulting trust. Secondly, where the claimant has contributed to the purchase price of property, the claimant acquires an equitable interest in the property on resulting trust in proportion to the size of her contribution.