Resulting trust

Resulting trust This legal term usually applies in the Court Trials, where details a trust that is presumed by the court from certain situations. Similar to a constructive trust but for resulting trusts, the court presumes an intention to create a trust; the law considers that the property is not held by the right person and that the possessor is only holding the property “in trust” for the rightful owner (and in favor of the rightful person). On the other hand, in constructive trusts, the courts don’t even bother with presuming an intention; they simply impose a trust from the facts. And this is the difference between constructive and resulting trusts.

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