As soon as the gap is filled by the creation or declaration of a valid trust, the resulting trust comes to an end.
32.
The argument for a resulting trust was said to be supported by the case of a thief who steals a bag of coins.
33.
Secondly, a half-secret trust ought to fail for uncertainty, being a trust with no terms, with a resulting trust to the residuary legatee.
34.
The fact that is being proved by the presumption of a resulting trust is the intention to create a trust for the settlor.
35.
It demonstrates that the mere intention to not have a resulting trust ( for example, to avoid taxes ) does not make it so.
36.
In it Lord Millett expressed the view that a resulting trust arises because of the absence of intention to benefit a recipient of money.
37.
The question has however arisen whether the Bank should also have the benefit of an equitable proprietary claim in the form of a resulting trust.
38.
Where a gift is voluntary, the assumption for personal property is that it creates a resulting trust on failure, as in " Re Vinogradoff ".
39.
The resulting trust for which the Bank contends is inconsistent not only with the law as it stands but with any principled development of it.
40.
It is not possible to give general guidance going beyond the ordinary principles and presumptions of equity, especially those relating to gifts and resulting trusts.
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