TSEM6263 | Legal background to trusts and estates: implied or presumptive trust

There are certain well-established situations where the law implies that a trust has come into existence. For example, a wife may buy a house, and convey it to her husband. He is presumed to hold the property on trust for the wife.

Other legal presumptions can defeat an implied trust. For example, a father may buy an item in the name of his child. A father (but not a mother) is expected to make provisions for children. Unless there is evidence to the contrary, the purchase would be regarded as for the benefit of the child. There would be no implied trust in favour of the father.

Not all implied or presumptive trusts are bare or simple trusts (TSEM6272), although they often are.