Presumed Resulting Trusts

No presumption of advancement between Grandmother and Granddaughter

Re Vinogradoff

Equitable Maxims

Equity abhors a vacumm

Equity looks to intention

He who seeks equity must do equity

Prof William Swadling

- Arise positively because the court presumes that a decleration of trust was made for the trustee to hold only for the benefit of the settlor

Presumption of advancement between husband and wife

Re Esykyns Trust

A father who transferred real property to his daughter but had retained the title deeds was found not 

Warren v Gurney

Presumption of advancement between father and child

Presumption of advancement between father and child

Bennet v Bennet

Overview of Advancement

^{Gender roles}

^{Husband to wife, father to child}

^{Equality act potentially to get rid of it}

- Wealthier woman - Courts consider relationship and context - Presumption of advancement

t

Fowes v Pascoe

Rejected Birks view - PRTs arise when there is a clear intention to create a trust - No trust in this occasion, money given outright

Westdeustche Landesbank

Profs John Mee and James Penner

1. They arise because the settlor intended the trasnferee to take the property, but only to hold for the settlor him or herself – ie without an express delceration of trust 2. The settlor doesn’t have to know what a trust is in legal terms, they only need to intend that the transferee odes not take the property absolutely

Prof Peter Birks

1. Arise negatively because the settlor never intended the transferee to benefit

PRT and presumption of advancement

- Only applies to men - Husband to wife, husband to son, automatically presumed as a gift

Presumed Resulting Trust

- Where property is transferred without consideration or intention of being a gift it is presumed that they are holding it on trust for the transferee