Trust

Trust

1. Express trust

2. Non- express trust/ implied trust

   • Resulting trust
     • 1. Failure to dispose bef. int.
     • 2. Where a trust fails
     • 3. Purchase in the name of others
       • Presumption of Resulting trust
         • By Purchase $
           • including discount and non-financial referable to the purchase
         • Rebuttable
           • Gift: FullTrend
           • Contrary intention: Li Po Kwan
           • Presumption of advancement (only if the actual intention is not specified)
         • Before acquisition
     • 4. Voluntary conveyance
   • Constructive trust
     • By Intention
       • Before/ After acquisition
       • 3 steps in Grant v Edwards
         • Step 1: Nature of the substantive rights: establish bef. int.
           • Step 2: Proof of common intention
             • Step 3: Has acted to his detriment
             • 1. Pay purchase $ (Before/ at acq.)
             • 2. Pay mortgage installments (After acq.)
             • 3. Pay deposit (Before/ at acq.)
             • 4. Pay a substantial amount of mortgage
             • 5. Pay a substantial amount of family expenses to relieve the financial burden, enables the installments of mortgage by the husband (e.g.)
             • Express intention