ABSTRACT

Whether or not one agrees with its thesis or the analysis of the issues and authorities that it contains, Dr. Robert Chambers’ book, Resulting Trusts, is a work of considerable importance and one that can only enhance our understanding of the law of trusts, not only because of its content but because of the debate that it has precipitated. A necessary concomitant of the authors’ view of resulting trusts is that they reject any suggestion that it is concerned with the reversal of unjust enrichment. Where A holds property on a resulting trust for B, B needs no recourse to the law of unjust enrichment to recover her property. The presumption of advancement needs to be considered in its proper context, namely in a review of the default rules for locating the beneficial interest in property where the terms upon which the property is transferred are either ambiguous as to the location of the beneficial interest.