Trusts: A fair result?

University of Greenwich | Trusts and Estates Law & Tax Journal | September 2017 #189
Mark Pawlowski examines the presumption of a resulting trust where assets are owned by a company ‘Where the funds for purchasing the assets come from the company controller, the likely approach (absent any contrary intention) is to apply resulting-trust theory so as to treat them as beneficial owner.’ In what circumstances is it open to …

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Declarations Of Trust: Taking someone at their word

University of Greenwich | Trusts and Estates Law & Tax Journal | July/August 2011 #128
Mark Pawlowski asks whether a spouse or unmarried partner can acquire a beneficial share in property by relying on the owner’s informal declaration of trust ‘Although an isolated loose conversation will not be enough to uphold a valid declaration of trust (see Jones v Lock [1865]), the repetition of words by the owner, especially in …

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