... the presumptions or the actual intentions of the parties. The presumptions in these areas are said to be outmoded as they are based on old law which, if used, fails to consider the true intentions of the parties which would therefore lead to unjust results. In considering how the law stands today and how it evolved in order to get to here, we can consider whether it actually works and what has and still needs to be done in terms of reform. If someone receives an apparent gift from another and it is proven or presumed that the donor really did not intend to make a gift, the recipient will hold it on resulting trust for the donor. This area of the law is dominated by two presumptions: the presumption of resulting trust and the presumption of advancement. Resulting trusts can become troublesome as for instance they are not subject to ...

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