Where money changes hands but intentions are unrecorded, equity fills the gap with presumptions — and knowing when they apply, and when they yield, is the whole game. This chapter starts with the nature of resulting trusts, including the two recognised categories and why they arise by operation of law rather than agreement. It then examines purchase money resulting trusts: when they arise, which financial contributions count, and how the size of the beneficial interest is fixed. Finally, it covers rebutting the presumption, the counter-presumption of advancement and the relationships it traditionally attaches to, before drawing the line between resulting trusts and the constructive trust framework that governs family homes as opposed to commercial or investment property.
