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Resulting trusts, rebutting the presumptions (RT and advancement)- that RT…

- - - - if A transfers personalty they already own to b for free= presumption of resulting trust
        
        B holds legal title and A gets equitable interest in property
      - presumption can be rebutted by:
        a)A's actual intention (words or conduct) e.g. birthday card and B's birthday
        b) presumption of advancement (between family members)
        
        if no evidence of intention= presumption applies
    - - presumption of resulting trust is less likely to apply if property transferred is land (realty)
        
        HOWEVER- a court can still decide that one exists if there is additional evidence—such as a lack of any relationship between the transferor and transferee, suggesting the transferor didn’t intend to gift the property outright.
        
        but cannot simply be presumed in the absence of evidence- need evidence
    - - X BUYS PROPERTY
        where X buys property from seller, and rather than becoming owner of that property themselves, X arranges for property to be put in name of Y
        
        Y becomes owner holding legal title
        
        presumption that X intended Y to hold that property on a resulting trust for them (X). this means under the RT, X will own all of the equitable interest in that property
      - X CONTRIBUTOR
        where X contributes towards purchase price of property in name of Y (balance being paid by Y), presumption that X intended Y to hold that property on RT for X and Y with beneficial interests being proportionate ot the size of their respective shares
        
        e.g. 10% contribution = 10% equitable interest in property. so if property sold, X would get 10% of the sale proceeds
        
        applies to both contributor of pp of realty and personalty
        
        for presumption of RT in contribution cases need 2 things:
        1. contribution contemporaneous with purchase (contribution at same time)
        2. contribution directed towards actual purchase price itself (i.e. not legal fees)
        
        evidence of RT (not gift):
        
        transferor holds share cert
        
        future dividends paid to him
        
        rules usually used when house bought as investment by 2 people not a couple e..g mum and daughter buy house to let to tenant
        not really used for family home- constructive trusts used
  - - - if roles reversed, : the transfer will be presumed to be a RT unless rebutted by contrary evidence
- - - - gap in beneficial ownership as no B who attains vested interest (e.g. did not get to age needed)
        
        attempted trust lacks certainty of objects
        
        attempted trust does not define beneficial interests (part of subject matter)
        
        attempted trust offends rules against perpetuity (no time limit for trust)
        
        attempted trust offends beneficiary principle (uncertainty of objects so cannot fulfil BP)