Hong Kong Equity and Trusts Law/Resulting and constructive trusts
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Resulting trusts
[edit | edit source]The traditional dichotomy of resulting trusts is laid down in Vandervell's Trusts (No 2) [1] by Megarry J, automatic resulting trusts and presumed resulting trusts. The former emerges automatically when the elements of an express trust is not satisfied, whereas the latter is predicated on the presumed intention of the transferor. [2]