ABSTRACT

Where A provides the money for the purchase of real property (whether freehold or leasehold) and directs that it should be conveyed or assigned to B or registered in B’s name, a resulting trust will be presumed. B will be deemed to hold the legal title on trust for A, unless there are indications that A intended to make an outright gift to him. Note in this connection the dictum of Eyre CB in Dyer v Dyer (1788), as affirmed in more recent cases such as Pettitt v Pettitt (1970) and Gross v French (1975).