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resulting trust

A trust created by operation of law and in some cases based on the unexpressed but presumed intention of the settlor. When the beneficial interest of a trust is not completely disposed of, the undisposed interest results (i.e. goes back) to the settlor or to his estate. A resulting trust is also created when purchased property is transferred to someone other than the person who provides the price (compare *advancement); it may also arise when property is transferred voluntarily. Resulting trusts may be regarded either as similar to *implied trusts or as a category of them. There is sometimes no clear distinction between a resulting trust and a *constructive trust.

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