Abstract

http://ssrn.com/abstract=2033485
 


 



Is There a Presumption of Advancement?


Jamie Glister


University of Sydney - Faculty of Law

April 2, 2012

Sydney Law Review, Vol. 33, No. 1, pp. 39-66, 2011
Sydney Law School Research Paper No. 12/20

Abstract:     
Resulting trusts developed from resulting uses, and a resulting use was only raised if there was no consideration and no declaration of use. Natural love and affection was good consideration and so would prevent a resulting use. Yet now it seems that the presumption of advancement merely rebuts a presumption of resulting trust, rather than preventing it from arising in the first place. The difference is important because it informs the way in which evidence is used by the party seeking to rebut the presumption. The theoretical point is also interesting, given equity’s position as a supplementary jurisdiction. This article argues that a return to the original position would be accurate as a matter of history, desirable as a matter of principle, and available as a matter of practice.

Number of Pages in PDF File: 29

Keywords: presumption of advancement, presumption of resulting trust, trusts, resulting trusts, equity

JEL Classification: K10, K11, K30

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Date posted: April 4, 2012  

Suggested Citation

Glister, Jamie, Is There a Presumption of Advancement? (April 2, 2012). Sydney Law Review, Vol. 33, No. 1, pp. 39-66, 2011; Sydney Law School Research Paper No. 12/20. Available at SSRN: http://ssrn.com/abstract=2033485

Contact Information

Jamie Glister (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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