Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Resulting trust definition

What does Resulting trust mean? A resulting trust describes the situation where, as a matter of equity, beneficial ownership “results” back to the person who provided the property or value because they are not taken to have intended to benefit the legal holder. It is not defined by statute; it arises from case law and is a descriptive expression used across property, trusts, and insolvency contexts. Key features: - Presumed (purchase-money) resulting trust: where A pays all or part of the purchase price but title is put in B’s name, equity presumes B holds for A in proportion to A’s contribution, unless rebutted by evidence or the...

Resulting Trusts in England and Wales: Presumed and Automatic Trusts, Voluntary Transfers, Purchase Money, Presumption of Advancement, Family Home, Failed Trusts and Incomplete Dispositions, and Commercial Quistclose Trusts

Published by a LexisNexis Property expert

Practice notes

resulting trusts represent one of the three species of trust that do not need to be declared or evidenced in writing at all. The others are constructive and implied trusts, though it is arguably doubtful whether any implied trust exists that is not in reality either a resulting trust or a constructive trust (‘implied’ in this setting often being used simply as a synonym for ‘resulting’ or ‘constructive’).

Categorisation of resulting trusts

Resulting trusts are either presumed or automatic. A presumed resulting trust arises where:

there is a voluntary transfer of property by one person to another; or
title to property is placed in the name of someone other than the person who provided the purchase money or other consideration for the acquisition

An automatic resulting trust arises where the disposing party has failed to dispose of the entirety of their legal and beneficial interest in the property that is the subject of the disposition.

Presumed resulting trusts

Voluntary conveyance

The presumption of a rebuttable resulting trust arises on the voluntary transfer of personalty. However, the position is less clear in relation to land, having regard to section 60(3) of the Law of Property Act 1925 (LPA 1925)...

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Web page updated on 21/05/2026

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