“Resulting trusts can be displaced by trustee conduct evidencing express trust intention”
Following Vandervell v IRC, shares were held on resulting trust for Vandervell. The trustee company later received dividends and applied them for a children's settlement, claiming this evidenced an express trust rather than resulting trust.
Whether a resulting trust could be displaced by the subsequent conduct of trustees in dealing with trust property and income
The Court of Appeal held that the resulting trust was displaced and the property was held on express trust for the children's settlement
This case clarified how resulting trusts can be displaced by subsequent express trust arrangements, showing the flexible nature of equitable interests. It's important for understanding the interaction between different types of trusts and trustee conduct.
You're reading the free summary of Re Vandervell's Trusts (No 2). Create a free account to unlock the full reasoning, the cited authorities and the verbatim judgment — plus structured briefs for 412,000+ UK judgments.
No card required. Free forever.
OSCOLA Citation
Re Vandervell's Trusts (No 2) [1974] Ch 269 (CA)
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Falls back to Google for old citations BAILII catalogues separately
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.