Mark Pawlowski examines the presumption of a resulting trust where assets are owned by a company ‘Where the funds for purchasing the assets come from the company controller, the likely approach (absent any contrary intention) is to apply resulting-trust theory so as to treat them as beneficial owner.’ In what circumstances is it open to …
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Wills & Trusts Law Reports | December 2013 #135The transcript of this judgment is reported in part from para 164 onwards and starts with a discussion of the law. No part of the report provides a factual narrative.
Held (allowing the wife’s claim for financial relief):
The court had power on divorce to order a party to the marriage to transfer to the other party such property as may be so specified to which that party was entitled, either in possession or reversion. In this case almost all the wealth created by the husband during the course of the marriage was held through offshore company structures and the ques...
