RESULTING AND CONSTRUCTIVE TRUSTS

An apparant gift resulting trust is also known as

• an automatic resulting trust

• a presumed resulting trust

• an express trust

• a constructive trust

The majority of the House of Lords in Stack v Dowden decided that

• Resulting trusts could not be used for ownership of land

• Resulting trusts could not be used if the land was jointly owned

• Resulting trusts should not be used of the land was owned as family home

• The starting point for determining land ownership was the resulting trust

Alan married Barbara when Barbara's daughter Chloe was three. Chloe is now 23. Alan has transferred £25,000 to Chloe. Which statement is most correct

• The presumption of advancement does not apply here because Alan is Chloe's step-father and not her birth father

• The presumption of advancement will probably be rebutted beccause Chloe is 23

• The presumption of advancement does not apply because it was abolished by the Equality Act 2011

• The presumption of advancement does apply here

Which equitable maxim is most relevant to automatic resulting trusts?

• Equity will not assist a volunteer

• Delay defeats equity

• He who seeks equity must do equity

• Equity abhors a vacuum

In Patel v Mirza the Supreme Court decided that

• there was not a rigid rule that illegality would always mean that a person could not claim a PRT

• that the reliance rule should be applied

• that a person could only recover if the offence they committed had been very minor

• that a person could never claim a PRT if they had been involved in criminal activity

Constructive trusts are based on

• The settlor's intention

• An agreement between the trustee and the beneficiary

• it being unconscionable for there not to be a trust

• Unjust enrichment

For a mutual will constructive trust there has to be...

• Evidence of an agreement between the testators

• Evidence of an agreement between the testators and the eventual beneficiary

• The agreement has to be communicated to the eventual beneficiary

• The wills have to be signed at the same time

Property obtained through bribery and fraud will be held on constructive trust

• Yes, both property obtained through bribery and property obtained through fraud will be held on constructive trust

• Property obtained through fraud has to be returned but is not held on construstive trust

• Property held through bribery has to be returned but is not held on constructive trust

• Neither property obtained through fraud nor property obtained through bribery have to be held on constructive trust

A constructive trust requires certainty of intention

• true

• false