SQE Daily.

Automatic resulting trust where express trusts do not exhaust the beneficial interest

In 2019 Lucas Varga transferred £200,000 to two trustees by a deed which directed them 'to pay the income to my partner Nadia for the rest of her life'. The deed said nothing about who was to take the capital after Nadia's death, and there is no evidence that Lucas intended to give up any remaining interest in the fund. Nadia has just died. Lucas is alive.

Who is beneficially entitled to the £200,000 capital?

Choose one answer to see the reasoning.

  1. Trusts · FLK2No. L285

    Presumed resulting trust: purchase money provided by another

    Which of the following best describes the beneficial ownership of the flat?

  2. Trusts · FLK2No. 40

    Statutory power of advancement: up to the whole presumptive share (Trustee Act 1925 s.32)

    Which of the following best describes the trustees' power under section 32 of the Trustee Act 1925?

  3. Trusts · FLK2No. 26

    Certainty of intention and precatory words

    Which of the following best describes Joan's entitlement to the £60,000?