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A resulting trust can arise in a variety of different circumstances. A resulting trust may arise where a person causes a property to be registered in another person’s name, despite intending on being the sole owner of the property.

In this scenario, where the parties are not in a close or personal relationship, a resulting trust may be presumed. However, where the parties are in a close relationship (eg spouses), the presumption of advancement may exist. This presumption is that it is presumed a party has advanced, or gifted the property to the other party who has become the registered owner. It may be possible to rebut this presumption. For example, by the parties entering into a legally valid contract establishing the intentions of the parties and the basis for such arrangement.

A presumption of the existence a resulting trust does not automatically override the actual intention of both parties. At Navado we have experience in rebutting the presumption of resulting trusts, and also have experience in seeking to enforce this presumption.

If you require advice or assistance on a resulting trust dispute, we recommend that you contact our firm and arrange an appointment to see one of our Property & Personal Property Dispute Solicitors. To book, please call us on (02) 9233 4048 or send an email to info@navado.com.au. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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