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Words: | Submitted: Mon Jun 19 2006
... where purchaser (A) acquires real or personal property and transfer the property in the name of another, the transferee (B) is presumed to hold the property on trust for the purchaser. So, if A brought shares in the name of B and B is the legal owner, then it is presumed B is holding the shares on trust for A. Furthermore, the assumption holds true, when A and B jointly purchase a house. Lord Browne-Wilkinson in the case of Wesdeutsche Landesbank v Islington LBC1 highlights the presumption of a resulting trust in this situation. "The money or property is held on trust for A (if he is the sole provider of the money) or in the case of a joint purchaser by A and B in shares proportionate to their contributions2". Distinguished by Lord Browne- Wilkinson in Wesdeutsche having already been established in Bull v Bull3 shows the situation where ...
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