polpo
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What is the difference between automatic resulting trusts and normal resulting trusts, and what are the theories associated with it? I'm really confused on this, and can only find small paragraphs of information in textbooks etc.
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polpo
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Notoriety
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From my notes:

Denning MR: "The distinction between the two categories of resulting trusts is
important because they operate in different ways. Putting it shortly, in the first category,
subject to any provisions in the instrument, the matter is one of intention, with the
rebuttable presumption of a resulting trust applying if the intention is not made
manifest. For the second category, there is no mention of any expression of intention in
any instrument, or of any presumption of a resulting trust: the resulting trust takes
effect by operation of law, and so appears to be automatic. What a man fails effectually
to dispose of remains automatically vested in him, and no question of any mere
presumption can arise. The two categories are thus of presumed resulting trusts and
automatic resulting trusts. The first question must therefore be into which category any
given case falls; and to determine this one must know what is the distinction between
the two categories."

Can't even be bothered to fix the lines.
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polpo
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(Original post by Notoriety)
From my notes:

Denning MR: "The distinction between the two categories of resulting trusts is
important because they operate in different ways. Putting it shortly, in the first category,
subject to any provisions in the instrument, the matter is one of intention, with the
rebuttable presumption of a resulting trust applying if the intention is not made
manifest. For the second category, there is no mention of any expression of intention in
any instrument, or of any presumption of a resulting trust: the resulting trust takes
effect by operation of law, and so appears to be automatic. What a man fails effectually
to dispose of remains automatically vested in him, and no question of any mere
presumption can arise. The two categories are thus of presumed resulting trusts and
automatic resulting trusts. The first question must therefore be into which category any
given case falls; and to determine this one must know what is the distinction between
the two categories."

Can't even be bothered to fix the lines.
Thanks a lot!πŸ˜πŸ‘
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polpo
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(Original post by Notoriety)
From my notes:

Denning MR: "The distinction between the two categories of resulting trusts is
important because they operate in different ways. Putting it shortly, in the first category,
subject to any provisions in the instrument, the matter is one of intention, with the
rebuttable presumption of a resulting trust applying if the intention is not made
manifest. For the second category, there is no mention of any expression of intention in
any instrument, or of any presumption of a resulting trust: the resulting trust takes
effect by operation of law, and so appears to be automatic. What a man fails effectually
to dispose of remains automatically vested in him, and no question of any mere
presumption can arise. The two categories are thus of presumed resulting trusts and
automatic resulting trusts. The first question must therefore be into which category any
given case falls; and to determine this one must know what is the distinction between
the two categories."

Can't even be bothered to fix the lines.
So the resulting trusts are those with an intention which fails for some reason, and automatic resulting trusts occur even if there is no intention?
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polpo
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(Original post by Notoriety)
From my notes:

Denning MR: "The distinction between the two categories of resulting trusts is
important because they operate in different ways. Putting it shortly, in the first category,
subject to any provisions in the instrument, the matter is one of intention, with the
rebuttable presumption of a resulting trust applying if the intention is not made
manifest. For the second category, there is no mention of any expression of intention in
any instrument, or of any presumption of a resulting trust: the resulting trust takes
effect by operation of law, and so appears to be automatic. What a man fails effectually
to dispose of remains automatically vested in him, and no question of any mere
presumption can arise. The two categories are thus of presumed resulting trusts and
automatic resulting trusts. The first question must therefore be into which category any
given case falls; and to determine this one must know what is the distinction between
the two categories."

Can't even be bothered to fix the lines.
So the resulting trusts are those with an intention which fails for some reason, and automatic resulting trusts occur even if there is no intention?
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Notoriety
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If Denning can't explain it to you, I ain't gonna be able to.

Auto -- by operation of law. Presumption -- by rebuttable presumption (e.g. giving legal property; there would be a rebuttable presumption that you're to retain the beneficial title, Re Vandervell No 2, as espoused by Mr Megarry).
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polpo
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(Original post by Notoriety)
If Denning can't explain it to you, I ain't gonna be able to.

Auto -- by operation of law. Presumption -- by rebuttable presumption (e.g. giving legal property; there would be a rebuttable presumption that you're to retain the beneficial title, Re Vandervell No 2, as espoused by Mr Megarry).
Fair enough lolπŸ˜‚ thanks for the help πŸ‘
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