Understanding the Nature of the Presumption of Resulting Trusts

Xueping Chen

Law School of South Central University for Nationalities, Wuhan, China.

DOI: 10.4236/oalib.1100593                

Abstract

The nature of the presumption of a resulting trust has generated a controversy, which has created two schools of thoughts. Both schools of thoughts claim that resulting trusts give effect to the presumed intention, positive or negative. But in this paper, I take on a quite different view of point that whether a lack of intent to benefit or a positive intent to create a trust is not related with the presumption of the resulting trusts, which, I believe, will make it interesting to general readers. Further, this paper thinks the presumption of a resulting trust as circumstances or facts based on presumption, legal presumption and thinks that it can be rebutted by evidential circumstances, which are helpful to ascertain the grounds for imposing a resulting trust. In a word, exploring the nature of the presumption of resulting trusts will aid in the understanding the grounds upon which a resulting trust is imposed. This article proceeds under four parts: the role of intention in the presumption of the resulting trusts; the circumstances or facts based on presumption; a legal presumption; rebutting by evidential circumstances.

Keywords

Presumption, Resulting Trusts, Intention, Evidential Circumstances

Conflicts of Interest

The authors declare no conflicts of interest.

References

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