Mapa mental
Implied Trusts

Mind map: Implied trusts
Contenido del mapa
Implied Trusts
A Definition: Arise through operation of law i.e. equity decides a trust should apply. Two main types of implied trust: Resulting and Constructive.
- The Resulting Trust
- Equitable interest jumps back to S instead of remaining with B
- Settlor becomes both S and B
- Westdeutsche Landesbank Girozentrale v Islington LBC = resulting trust would arise in two circumstances (A and B)
- Category A = A makes a voluntary payment to B who pays for property which is vested in B or A and B
- Equity presumes A didn't intend to make a gift and wanted to retain some interest - Re Vinogradoff
- Equity will not assist a volunteer
- The presumption can be overturned or rebutted (see presumption of advancement)
- Vandervell v IRC = This presumption provides an answer where facts and circumstances fail to yield a solution
- If A intended to benefit B, the gift will stand
- Presumption of Advancement
- Where A and B enjoyed a certain type of relationship, a gift of property would be seen by equity as being a true gift
- Relationships include: husband and wife & father and child
- Moate v Moate = applied to a gift between fiancé and fiancée when they were later married
- Bennet v Bennet = would not apply as of right between Mother and child
- Paternalistic in it's application
- Due to be abolished but explicitly preserved for anything done before s199 of the Equality Act 2010 comes into effect
- Where A and B enjoyed a certain type of relationship, a gift of property would be seen by equity as being a true gift
- Equity presumes A didn't intend to make a gift and wanted to retain some interest - Re Vinogradoff
- Category B = A transfers property to B on express trusts, but does not exhaust the whole beneficial interest
- Basically where A has made a mistake in creating express trust for only part of the property
- Equity abhors a vacuum so the remaining part cannot be left in limbo
- The entire equitable interest will be held on resulting trust for S
- Westdeutsche Landesbank divided this into 2 further categories
- Where S makes an error
- Vandervell = Mr V allowed himself a buy back clause so was never fully rid of control over the shares.
- Where a condition to the operation of the trust has come to an end
- Barclays Bank LTD v Quistclose Investments Ltd = If a trust is created with a particular condition and that condition is not met, the property will jump back to the original owner.
- Where S makes an error
- Category A = A makes a voluntary payment to B who pays for property which is vested in B or A and B
- Equitable interest jumps back to S instead of remaining with B
- The Resulting Trust
Información
- Descripción
- Equity Mapa Mental sobre Implied Trusts, creado por penny.woodman el 12/02/2014.
- Creado por
- penny.woodman
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