ABSTRACT
A resulting trust is a form of trust which is imposed 'by operation of law': that is to say, a resulting trust is imposed automatically by equity and recognised by the courts without the need for the parties to have intended to create a trust. The resulting trust is best understood as a sort of residuary category of trust which is created when otherwise it would be unclear who is to take beneficial ownership of property. Two categories of resulting trust: Purchase price resulting trusts and Automatic Resulting Trusts. Quistclose trusts arise specifically in relation to loan contracts in which the lender specifies that the borrower may only use the money for a specified purpose. This chapter considers some of the specific relationships which the case law considers give effect to deemed outright transfers of property in the absence of evidence to the contrary, by way of presumption.
