ABSTRACT
Resulting trusts arise in favour of Y beneficially in the following situations: where Y has purported to create an express trust but has failed to identify the person for whom that property is to be held; 1 where Y has provided part of the purchase price of property with an intention to take an equitable interest in that property; 2 or where X has acquired property intended beneficially for Y using money provided by Y. 3
There are other situations in which presumptions of advancement operate to deem that rights in property have passed by way of gift between husband and wife, and between father and child. 4 A resulting trust will arise in favour of the donor where that presumption of advancement can be rebutted on the facts. 5
236No resulting trust will arise over property in favour of a person who has committed an illegal act in relation to that property. 6 However, a person who has committed an illegal act may nevertheless take beneficially under a resulting trust where she does not have to rely on the illegal act itself to assert beneficial title in the property. 7
