ABSTRACT
A resulting trust is created by the court in favour of the settlor or transferor. This trust arises whenever the location of the equitable interest in property is so unclear that no other person is capable of making out a successful claim to the property. The occasions that give rise to the resulting trust may be classified into two broad categories:
(a) automatic; and (b) presumed. An automatic resulting trust springs back in favour of the settlor/transferor simply because it cannot be acquired by anyone else. Thus, a transfer to a trustee subject to a condition precedent which fails to materialise gives rise to a resulting trust.
