| 21. | In such a case, the monies paid to the association will ordinarily be held on resulting trust for the contributors.
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| 22. | But if and when Mr . Vandervell should declare any defined trusts, the resulting trust would come to an end.
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| 23. | When this occurs, the property is held on resulting trust for the settlor, as in " Vandervell v IRC ".
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| 24. | Both types of resulting trust are traditionally regarded as examples of trusts giving effect to the common intention of the parties.
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| 25. | It does not comment on presumed resulting trusts, and while later law has seemingly permitted such trusts, there is some disagreement.
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| 26. | Where the family member refuses to transfer it back, the taxpayer can come to court and argue it was a resulting trust.
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| 27. | The resulting trust arises by operation of the general law, dehors the pension scheme and the scope of the relevant tax legislation.
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| 28. | For that purpose they have sought to develop the law of resulting trusts so as to give the plaintiff a proprietary interest.
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| 29. | Like a constructive trust, a resulting trust arises by operation of law, though unlike a constructive trust it gives effect to intention.
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| 30. | Therefore, it is said, a resulting trust must arise either at the time or the theft or when the monies are subsequently mixed.
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