Resulting Trusts

Resulting trusts and constructive trusts are nebulous equity concepts in the law. Both are generally viewed as remedies. Both are “implied trusts.” Colonial Presbyterian Church v. Heartland, 375 S.W.3d 190, 195 (Mo. App. W.D. 2012).

A resulting trust is “implied by law to meet the requirements of justice that a legal status be given to what is the clear intention of the parties.” Lynch v. Lynch, 260 S.W.3d 834, 838 (Mo. 2008). It may be imposed when “property is transferred under circumstances that raise an inference that the person who makes the transfer or causes it to be made did not intend the transferee to take the beneficial interest in the property.” Id.“The test of the right to establish a resulting trust is the true ownership of the consideration upon which the title rests.” Davis v. Roberts, 295 S.W.2d 152, 157 (Mo. 1956).

To establish an implied trust, the evidence must be “unquestionable in character.” Lynch, 260 S.W.3d 839 n 10. “The evidence must be so clear, cogent, and convincing as to exclude every reasonable doubt in the mind of the trial court.” Fix v. Fix, 847 S.W.2d 762, 765 (Mo. 1993).

Scroll to Top