A resulting trust can arise in a variety of different circumstances. A resulting trust may arise where a person (A) causes a property to be registered in another person’s (B) name, where A did not intend for B to become the sole beneficial owner of the property.
In this scenario, where A and B are strangers, a resulting trust may be presumed. However, where A and B are in a close relationship, for example A and B are married, the presumption of advancement may exist, meaning A will be presumed to have advanced the property to B, in which case a resulting trust may not be said to have automatically arisen and the presumption of advancement will need to be rebutted, if possible. For a resulting trust to exist, generally it would need to be shown on the balance of probabilities that it was the intention of A for B to hold the property in question on trust for A.
The existence of a resulting trust may be rebutted, where, on the balance of probabilities, it is evidenced that A intended to gift the property to B, by the presumption of advancement or by some other evidence of contrary intention. A presumption of the existence a resulting trust does not automatically override the actual intention of both parties.
The circumstances where an implied trust may exist are often similar to the circumstances where a resulting trust may arise. Broadly speaking, an implied trust may arise without any express statement from person (A), however the existence of an implied trust will generally be determined by the unique facts of the case.
If you have questions or would like further information, you can make contact with a Trust Lawyer or Asset Protection Solicitor in our Sydney CBD office. Alternatively, you can meet with a Trust Lawyer or Asset Protection Solicitor in one of our branch offices conveniently located across Sydney.
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.
Sorry, but no Articles are available at this time.
Sorry, but no FAQs are available at this time.
If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Trusts Lawyer Sydney
- Asset Protection Lawyer Sydney
- Trusts Lawyer Parramatta
- Asset Protection Lawyer Parramatta
- Trusts Lawyer North Sydney
- Asset Protection Lawyer North Sydney
- Trusts Lawyer Rockdale
- Asset Protection Lawyer Rockdale
- Trusts Lawyer Liverpool
- Asset Protection Lawyer Liverpool
- Trusts Lawyer Gordon
- Asset Protection Lawyer Gordon
- Trusts Lawyer Baulkham Hills
- Asset Protection Lawyer Baulkham Hills
- Trusts Lawyer Campbelltown
- Asset Protection Lawyer Campbelltown
- Trusts Lawyer Bondi Junction
- Asset Protection Lawyer Bondi Junction
- Trusts Lawyer Chatswood
- Asset Protection Lawyer Chatswood
- Trusts Lawyer Miranda
- Asset Protection Lawyer Miranda
- Trusts Lawyer Bella Vista
- Asset Protection Lawyer Bella Vista
- Trusts Lawyer Erina
- Asset Protection Lawyer Erina