ABSTRACT
The first view is that associated with Lord Browne-Wilkinson. In essence, his Lordship’s position is that a resulting trust is an example of a trust which is not imposed by the law, but which gives effect to the common intention of the parties, such intention being presumed. The Browne-Wilkinson/Swadling view was articulated as a response to a paper by Birks, the central themes of which have since been worked out in greater detail in the book by Chambers. Resulting trusts have traditionally been classified as one type within a series of trusts, which runs thus: express, implied, resulting and constructive. Under the classification “resulting trust”, it is well established that only certain circumstances give rise to such a trust. The fundamental inquiry in all three categories is whether the transfer of property to B is intended by A to be beneficial to B.
