The article seeks to identify those areas where the resulting trust may still have an important role to play in determining beneficial ownership of the family home. Although the modern judicial trend is for the courts to apply constructive trust or proprietary estoppel mechanisms in the family context, the resulting trust remains the appropriate tool for claims where the parties have purchased the property as an investment or are not in a familial or close relationship. There may also be other situations in which the resulting trust may be deployed as an alternative to the common intention constructive trust.
Mark Pawlowski, Beneficial ownership of the family home—where now the resulting trust?, Trusts and Trustees. DOI: https://doi.org/10.1093/tandt/ttx091. Published: 08 June 2017.