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Voluntary conveyance title11/15/2023 There are two main situations in which a presumed RT arises: (i) voluntary conveyance of property to another (ii) the purchase of property in the name of another. An evidential presumption is the most likely inference we can draw from the evidence of the primary fact. Yet, it is the substance (what is presumed) that is important. Saying there is a presumption only tells us how the fact is proved, not what it is. What is a presumption: it is a method of proof. RTs do not fit into the overall taxonomy of trusts: if a declaration of trust is proved, then presumptive trusts are express, if not they are constrictive. As a matter of logic, therefore, a RT can be both presumed and automatic.Ģ. 'presumed' tells us how the fact triggering the trust is proved in litigation (procedure), while 'automatic' tells us that the fact triggering the trust is not a declaration of trust (substance). Presumed and automatic are not opposing terms: they are each answering questions. The division is false for two reasons (Swadling)ġ. These are imposed by operation of law, without regard to intention. Automatic RT: arises on a failure to dispose of the beneficial interest (i.e. These are dependent on the intention of the transferor.Ģ. when a person voluntarily transfers property for no consideration). Presumed RT: arises where the transfer is not made on any trust, but there is a rebuttable presumption of trust (i.e. 2) is that RTs fall into two categories:ġ. Presumed and Automatic RTs When do RTs arise? The traditional approach (taken in Re Vandervell (No. Lord B-W in Wesdeutche and Birks take this view. Beneficial interest is then created when he tries to pass legal title to the transferee, and the RT returns the beneficial interest to him (i.e. So, if it is not to belong to the donee/trustee, then it must remain with the donor." o View 2: the transferor starts with absolute ownership, rather than a title consisting of legal and beneficial interest. Lord Reid in Vandervell: "the beneficial interest must belong to or be held by someone. Two views here: o View 1: the transferor starts with both legal and beneficial interest, the beneficial interest remains with him when he passes the legal interest to the transferee. ? Whether the beneficial interest remains with the transferor, or is returned to him. When does an RT arise? While an express trust gives effect to intention and CTs respond to unjust enrichment / wrongs, RTs only tell you about the structure of the trust, not the reasons. In truth, the RT is a new interest which is created. NB: the metaphor of 'springing back' associated with RTs is misleading. The beneficial interest results (comes back) to the transferor (or the party who provided the purchase money). A conveys to B, who holds the trust property for A. RESULTING TRUSTS A resulting trust is where the transferee holds property on trust for the transferor.
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