Resolving Property Disputes in Law : Reappraising the Resulting Trust

This book offers a comprehensive examination of the resulting trust, a foundational legal mechanism for determining the beneficial ownership of property in the absence of express evidence. It will be of interest to researchers in the field of property law, equity and trust law, and insolvency law.

This book offers a comprehensive examination of the resulting trust, a foundational legal mechanism for determining the beneficial ownership of property in the absence of express evidence. Arguing that the resulting trust fulfils a critical role in resolving property ownership disputes, the book explores three distinct factual contexts in which the trust is applied: property law, insolvency law, and the interaction of the law with domestic relationships. In addition to a traditional analysis, this book presents an innovative focus on the resulting trust's applicability in cases of corporate insolvency. It contends that the resulting trust can either increase the asset pool available for distribution to unsecured creditors or enable creditors to bypass pari-passu distribution to claim specific assets. Through a theoretical reconceptualization of the resulting trust, which integrates an updated analysis of existing legal precedents and literature, the book creates a more expansive, functional framework through which the resulting trust can be utilised. The book will be of interest to researchers in the field of property law, equity and trust law, and insolvency law.