ABSTRACT
The resulting trust is a means by which equity resolves problems as to the ownership of property where transfers are not effected properly or where people buy property together. A resulting trust arises in either of two circumstances ( Westdeutsche Landesbank v Islington (1996)). First, a resulting trust will arise where a settlor has sought to transfer property or to declare a trust but has failed to make clear who is intended to take those rights, with the result that any rights left unallocated pass back to the settlor on resulting trust. Secondly, where the claimant has contributed to the purchase price of property, the claimant acquires an equitable interest in the property on resulting trust in proportion to the size of her contribution.
