Resulting Trust | Propertylogy

Resulting Trust

By on April 25, 2019

A resulting trust is a legal term to describe trust that is implied by law so that the actual intentions of parties involved in an agreement are kept intact.

Such legal terms provide protection to vulnerable parties who might be victimized.

It typically arises in situations where the transfer of title is involved.

For example, if a senior home owner decides to transfer ownership to a grand child as part of estate planning but wants to continue living in the property, resulting trust would prevent the child from selling the house (maybe from bad advice) and banking all the proceeds for himself.

In such cases, resulting trust is imposed on the relationship between them.

Another example might be that a property buyer decides to put the name of his brother on the title out of convenience. The resulting trust would provide a degree of legal protection against the sibling from running off with the property.

This is in contrast with constructive trust.


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