Summary

Trusts Law - Resulting Trusts Summary

7 views 0 purchase

Course
Trusts Law

Institution
Oxford University (OX)

Comprehensive summary/exam notes on the topic of resulting trusts in Trusts Law. This document covers both automatic and presumed resulting trusts. For each, it sets out different views proposed by different academics and judges and includes in-depth analysis and critique that can be used to struct...

[Show more]

Preview 1 out of 4 pages

View example

Uploaded on October 7, 2024
Number of pages 4
Written in 2022/2023
Type Summary

trusts law
resulting trusts
presumed resulting trusts
automatic resulting trusts

Institution
Oxford University (OX)
Education Unknown
Course
Trusts Law

$10.61

Also available in package deal from $39.76

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Also available in package deal (2)

Trusts Law Summary Bundle

$ 94.23 $ 39.76 9 items

1. Summary - Trusts law - the three certainties summary/problem question structure
2. Summary - Trusts law - resulting trusts summary
3. Summary - Trusts law - quistclose trusts summary
4. Summary - Trusts law - the rule against private purpose trusts
5. Summary - Trusts law - personal liability of trustees summary
6. Summary - Trusts law - nature of the beneficiary's interest
7. Summary - Trusts law - knowing receipt
8. Summary - Trusts law - dispositions of equitable interests summary/problem question structure
9. Summary - Trusts law - constructive trusts summary
Show more

Oxford University Law Summaries

$ 774.25 $ 325.82 72 items

1. Summary - Administrative law - bias, predetermination and article 6 summary
2. Summary - Administrative law - deference summary
3. Summary - Administrative law - judicial review and courts act 2022
4. Summary - Administrative law - legitimate expectations summary
5. Summary - Administrative law - oversight of policy summary
6. Summary - Administrative law - review of discretion summary
7. Summary - Administrative law - s.84 criminal justice and courts act 2015 summary
8. Summary - Administrative law - standing summary
9. Summary - Administrative law - statutory construction and fact-finding summary
10. Summary - Administrative law - tribunals summary
11. Summary - Contract law - agreement (foundations of contract) summary
12. Summary - Contract law - breaching terms of a contract summary
13. Summary - Contract law - consideration and estoppel summary
14. Summary - Contract law - frustration summary
15. Summary - Contract law - implied and express terms summary
16. Summary - Contract law - misrepresentation summary
17. Summary - Contract law - mistake summary
18. Summary - Contract law - third parties summary
19. Summary - Contract law - unequal bargaining power summary
20. Summary - Contract law - unfair contract terms summary
21. Summary - Contract law - unilateral contracts summary
22. Summary - European union law - conferral and subsidiarity
23. Summary - European union law - constitutional pluralism
24. Summary - European union law - democratic deficit
25. Summary - European union law - direct effect summary
26. Summary - European union law - free movement of goods summary/problem question structure
27. Summary - European law - horizontal direct effect of directives
28. Summary - European union law - liability of the union summary
29. Summary - European union law - national procedural autonomy and state liability summary
30. Summary - European union law - the principle underpinning free movement of goods
31. Summary - European union law - eu supremacy summary
32. Summary - Human rights law - article 5 (right to liberty)
33. Summary - Human rights law - article 6 (right to a fair trial) summary
34. Summary - Human rights law - margin of appreciation summary
35. Summary - Human rights law - extraterritoriality summary
36. Summary - Human rights law - common law rights vs echr rights
37. Summary - Human rights law - article 14 (freedom from discrimination)
38. Summary - Human rights law - article 10 (freedom of expression)
39. Summary - Human rights law - article 9 (freedom of religion) summary
40. Summary - Jurisprudence - unjust laws
41. Summary - Jurisprudence- the rule of law
42. Summary - Jurisprudence - the rule of recognition
43. Summary - Jurisprudence - role of sanctions
44. Summary - Jurisprudence - moral purpose/point of law
45. Summary - Land law - proprietary estoppel summary
46. Summary - Land law - leases and licenses summary/problem question structure
47. Summary - Land law - guest v guest
48. Summary - Land law - easements summary/problem question structure
49. Summary - Land law - covenants summary/problem question structure
50. Summary - Land law - co-ownership summary/problem question structure
51. Summary - Land law - actual occupation summary/cases
52. Summary - Tort law - vicarious liability and non-delegable duties summary/problem question stru...
53. Summary - Tort law - rylands v fletcher summary/problem question structure
54. Summary - Tort law - remoteness summary
55. Summary - Tort law - pure economic loss summary
56. Summary - Tort law - private nuisance summary/problem question structure
57. Summary - Tort law - occupier's liability summary/problem question structure
58. Summary - Tort law - duty of care summary (omissions and public authorities)
59. Summary - Tort law - defences summary
60. Summary - Tort law - defective products summary/problem question structure
61. Summary - Tort law - defective premises summary/problem question structure
62. Summary - Tort law - causation summary
63. Summary - Tort law - breach of duty summary
64. Summary - Trusts law - the three certainties summary/problem question structure
65. Summary - Trusts law - resulting trusts summary
66. Summary - Trusts law - quistclose trusts summary
67. Summary - Trusts law - the rule against private purpose trusts
68. Summary - Trusts law - personal liability of trustees summary
69. Summary - Trusts law - nature of the beneficiary's interest
70. Summary - Trusts law - knowing receipt
71. Summary - Trusts law - dispositions of equitable interests summary/problem question structure
72. Summary - Trusts law - constructive trusts summary
Show more

Resulting Trusts
Automatic Resulting Trusts:
1. Retention:
Lord Upjohn in Vandervell v IRC –
Do something wrong – tried to give away beneficial interest but failed, what
you fail to give away you keep.
BUT – Lord Browne-Wilkinson in Westdeutsche
2. Lord Browne-Wilkinson’s view:
Expressed in Westdeutsche –
Arises because of a presumption.
The fact proved is that there was intention to create a trust if failed –
intention actually had.
Common intention of the parties.
Fact proved is that transferor didn’t have intention but if known that
failed, would have intended.
BUT –
There is no room for presumptions.
Presumptions fill gaps in the facts but there are no gaps to fill with
regard to automatic resulting trusts.
Lord Wilberforce in Vandervell v IRC – stated that all facts were
found on evidence, therefore no room for presumption.
Even if there was room for presumption, there are cases where there is
contrary intention.
Vandervell v IRC – V wanted to make donation to RCS but didn’t
want to pay stamp duty so had his bank transfer title to shares to RCS
with dividend. This included an option to purchase but V didn’t
declare who the trustee(s) should be.
If found to be held on trust, the IRC can tax V on the
dividend as if it was his income even though it was going to
RSC.
V did not intend this trust – cannot sensibly be said that he
did/would.
Therefore, goes against any explanation based on transferor’s
intention.
Two interpretations of Vandervell v IRC:
V said to V Ltd hold on trust but didn’t say for whom – he has no
intention.
Means we have a trust that fails for want of certainty of
objects – has genuinely no thoughts on how being held –
contrary to his intention.
V said to V Ltd – I’ll tell you later on what trusts – hold to my
direction.
Trust arises because he intends it to arise.
What does he want?
Definitely does not want beneficial interest in shares,
because if he does, he will be taxed, but wants option to be
held to his sole direction.
He cannot have both.
If he genuinely intended not to have any interest in the property – if he said
hold for anyone but me, then if Lord Browne-Wilkinson is right, then the
outcome would be that he is holding for the crown.
BUT – test against Air Jamaica – PC so not binding but does have
advantage of directly confronting this argument.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller bethjscott5713. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $10.61. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

52355 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Popular Universities in the United States

Popular books

Find notes and summaries for these qualifications

Seller