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What are the similarities between constructive trusts and resulting trusts?

In: Estates, Similarities Between [Edit categories]

Answer:

They are informal in nature.

They do not require written evidence for their operation.

They both rely on intention although the role of intention in constructive trusts is far more positive.

The court must be satisfied that it was intended that the non legal owner would acquire an equitable interest in the property or it must be inferred from their conduct before they can impose a construsctive trust.

In a resulting trust the intention is presumed and need not be express. The intention that the non legal owner is to own a share can always be rebuttted by evidence for example that it was a gift.

First answer by ID2424049692. Last edit by ID2424049692. Question popularity: 1 [recommend question].

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