chapter  6
3 Pages

Resulting trusts, constructive trusts, proprietary estoppel and licences

The presumption may be rebutted if the contributions were intended to be a gift or a loan.

The presumption of advancement (that contributions from husband to wife or from father to child are presumed to be gifts) may also apply. However, the current status of the presumption of advancement is questionable (see Pettitt v Pettitt (1970)).