Question: Is intention needed for an automatic resulting trust? It could be argued that an automatic resulting trust could go against what the settlor intended, such
Is intention needed for an automatic resulting trust? It could be argued that an automatic resulting trust could go against what the settlor intended, such as in Vandervell. So is intention essentially ignored when establishing an automatic resulting trust?
Plus when Lord Browne spoke of a common intention in Westdeautsche - Is it even practical? Does intention really matter in Common Intention Constructive Trusts - especially considering how imputed intention resembles remedial trusts - but the courts have stated that remedial trusts don't exist?
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