Does a resulting trust occur in favour of a party who advances the purchase money for a property?
British Columbia, Canada
The following excerpt is from Hamilton Estate v. Jacinto, 2011 BCSC 52 (CanLII):
A long-established principle at common law is that a resulting trust occurs in favour of a party who advances the purchase money for a property. The principle was stated by Chief Baron Eyre in Dyer v. Dyer (1788) 30 E.R. 42 at 43 as follows: The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the purchasers and others jointly, or in the names of others without that of the purchaser; whether in one name or several; whether jointly or successive, results to the man who advances the purchase-money.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a resulting trust arise when title to property is in one party's name but that party is a fiduciary or gave no value for the property? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
What is the test for the presumption of resulting trust in a purchase money resulting trust? (British Columbia, Canada)
Does the law presumes a resulting trust where one party pays the full purchase price but title is placed in the name of another party? (British Columbia, Canada)
How does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
In what circumstances have executors been found to have breached trust by accepting a lower offer to purchase a property from a third party? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
What is the test for establishing that a party to a property is entitled to a resulting trust? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
