Report No. 57

3.2. General rule in England.-

The general rule in England is that where a person purchases property in the name of a third person, a trust "results" in favour of the purchaser (or his representative). This is not, however, an absolute rule; it is a presumption which varies according to the facts. There is an important difference as between conveyance to a relation (of the purchaser) and a conveyance to a person who is not a relation. In the former case, the presumption is that the purchaser did not intend to benefit the nominal transferee, and a trust results to the man who advanced the purchase money.1

1. Dyer v. Dyer, (1788) 2 Cox 92.