resulting trust

resulting trust
resulting trust see trust

Merriam-Webster’s Dictionary of Law. . 1996.

resulting trust
A trust implied by law, as determined by a court. Under this type of trust, the person who holds title to or has possession of property is considered a trustee for the proper owner, who is considered the beneficiary. The resulting trust is a legal fiction that forces a property holder to honor the beneficiary's property rights. For example, Mahalia leaves $100,000 with her friend, Albert, while she is on a trip to Europe, asking him "to buy the old Barsallo place if it comes on the market." Albert buys the property, but has title put in his own name, which the court will find is held in a resulting trust for Mahalia. A resulting trust differs from a "constructive trust," which comes about when someone gains possession of another's property by accident, misunderstanding, or dishonesty.
Category: Wills, Trusts & Estates

Nolo’s Plain-English Law Dictionary. . 2009.

resulting trust
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


resulting trust
An arrangement whereby one person holds property for the benefit of another, which is implied by a court in certain cases where a person transfers property to another and gives him or her legal title to it but does not intend him or her to have an equitable or beneficial interest in the property.

Dictionary from West's Encyclopedia of American Law. 2005.


resulting trust
An arrangement whereby one person holds property for the benefit of another, which is implied by a court in certain cases where a person transfers property to another and gives him or her legal title to it but does not intend him or her to have an equitable or beneficial interest in the property.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

resulting trust
n.
   a trust implied by law (as determined by a court) that a person who holds title or possession was intended by agreement (implied by the circumstances) with the intended owner to hold the property for the intended owner. Thus, the holder is considered a trustee of a resulting trust for the proper owner as beneficiary. Although a legal fiction, the resulting trust forces the holder to honor the intention and prevents unjust enrichment. Example: Mahalia leaves $100,000 with her friend, Albert, while she is on a trip to Europe, asking him "to buy the old Barsallo place if it comes on the market." Albert buys the property, but has title put in his own name, which the court will find is held in a resulting trust for Mahalia. A resulting trust differs from a "constructive trust," which comes about when someone by accident, misunderstanding or dishonesty comes into possession of property belonging to another.
   See also: constructive trust, trust

Law dictionary. . 2013.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • Resulting trust — A resulting trust (from the Latin resultare meaning to jump back ) is a situation where property results back to the transferor. In this instance, the word result means in the result, remains with , or something similar to revert except that in… …   Wikipedia

  • Resulting trust — Result Re*sult , v. i. [imp. & p. p. {Resulted}; p. pr. & vb. n. {Resulting}.] [F. r[ e]sulter, fr. L. resultare, resultarum, to spring or leap back, v. intens. fr. resilire. See {Resile}.] 1. To leap back; to rebound. [Obs.] [1913 Webster] The… …   The Collaborative International Dictionary of English

  • resulting trust — A trust, sometimes called a presumptive trust, but a real trust raised by operation, implication, or presumption of law from acts, relations, or the situation of the parties from which air intent to create a trust appears. Dunn v Zwilling Bros.… …   Ballentine's law dictionary

  • resulting trust — noun a trust created by a court when it is judged that it was the intention of the parties to create a trust • Hypernyms: ↑implied trust * * * noun : a trust based upon the presumed intentions of the parties as inferred from all the circumstances …   Useful english dictionary

  • resulting trust — noun A trust that is implied in law, under which property entrusted to one party is not to be used for the benefit of that party, but for that party to use for the benefit of a third party …   Wiktionary

  • purchase money resulting trust — see trust Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • trust — n 1 a: a fiduciary relationship in which one party holds legal title to another s property for the benefit of a party who holds equitable title to the property b: an entity resulting from the establishment of such a relationship see also… …   Law dictionary

  • trust — A legal entity created by a grantor for the benefit of designated beneficiaries under the laws of the state and the valid trust instrument. The trustee holds a fiduciary responsibility to manage the trust s corpus assets and income for the… …   Black's law dictionary

  • Trust law — In common law legal systems, a trust is an arrangement whereby property (including real, tangible and intangible) is managed by one person (or persons, or organizations) for the benefit of another. A trust is created by a settlor, who entrusts… …   Wikipedia

  • Trust (Recht) — Ein Trust ist im juristischen Sinn eine von einer Person unter Lebenden[1] oder für den Todesfall[2] geschaffenen Rechtsbeziehung,[3] wenn Vermögen zugunsten eines Begünstigten oder für einen bestimmten Zweck abgesondert und der gebundenen… …   Deutsch Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”