... an interest under an express trust? The agreement to share could constitute a declaration of trust in favor of E. The problem is that express trusts of land must be executed in writing by virtue of s 53(1)b LPA 1925, there was no evidence that the agreement has been captured in writing. Is there a resulting trust? A presumed resulting trust arises as a result of E's contribution of 50,000 to the purchase price. There was no evidence to suggest that that money advanced by way of gift. In fact the intention was to share the property, the problem is that E's interest is confined to her contribution, i.e. £50.000. Is it Constructive Trust? According to Gissing v Gissing2 a constructive trust arises when A and B arrive at a common intention that A have a share in the ownership nominally owned by B and A acts in reliance upon this ...

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