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see attached.
1. Using the definitions given below, select which type of trust is being described.
The product of the settlor’s express and expressed intention to create a trust. They can be created inter vivos (during lifetime) or upon death by a will.
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Express trust |
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Resulting trust |
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Constructive trust |
2. Using the definitions given below, select which type of trust is being described
A consequence of the “presumed” intention of the settlor. They arise where a settlor has set up a trust but the beneficial interest (or part of it) “results” or “returns” to the settlor. This can happen if property is conveyed to trustees upon trusts that fail or otherwise do not exhaust the beneficial interest. They will also arise where someone makes a voluntary transfer or property to another or pays towards the purchase of property, unless the facts indicate that an outright gift was intended. If the facts do not suggest a gift was intended, the transferor or contributor will gain an equitable share in the property that is equal to the amount they contributed (e.g. 50% if they paid half the price of buying a house).
Express trust
Resulting trust
Constructive trust
3. Using the definitions given below, select which type of trust is being described.
These are imposed by the courts in response to fraudulent or unconscionable conduct. The accepted view seems to be that although the courts are willing to impose a constructive trust in a wide variety of situations, they do not claim power to impose such a trust every time there appears to be an injustice looking for a remedy. There has thus been a retreat from the approach described by Lord Denning in Hussey v Palmer (1972) where he said a constructive trust may be imposed “whenever justice and good conscience require it”. The position now seems to be that constructive trusts will only be imposed in accordance with precedent.
Express trust
Resulting trust
Constructive trust
