Resulting Trust

A resulting trust (from the Latin 'resultare' meaning 'to jump back') is the creation of an implied trust by operation of law, as where property gets transferred to one who pays nothing for it; and then is implied to have held the property for benefit of another person. The trust property is said to "result" back to the transferor (implied settlor). In this instance, the word 'result' means "in the result, remains with", or something similar to "revert" except that in the result the beneficial interest is held on trust for the settlor. Not all trusts whose beneficiary is also its settlor can be called a resulting trust. In common law, the resulting trust refers to a subset of trusts which have such outcome; express trusts which stipulate that the settlor is to be the beneficiary are not normally considered resulting trusts. (or he might not be in the existence,Re Vandervall case)Presumption is Constructive Trust

The beneficial interest results in the settlor, or if the settlor has died the property forms part of the settlor's estate (intestacy). And the distinguishment of beneficiary interest should be noted(Beneficial interest only will move but the beneficiary interest will not move)s53(1)(c).it remains with the person and Re Vandervall case has proven that only the Beneficial interest disappears but not the beneficiary interest.