According to Keeton he suggested that the aim of the courts in enforcing implied and resulting trusts is to carry out the presumed intention of the testator, whereas in the case of constructive trusts, the trust is imposed irrespective of their intention.
Thus, both S.8 statue of Fraud 1677 and S.78(2) of the Property and conveyancing law exclude resulting and implied or constructive trusts from the requirement of writing on the ground thať such a requirement will defeat the purpose which has given rise to them. Invariably, it is not the intention of the parties to declare a trust, but a trust had to be implied as a result of the conduct of the parties. This was been illustrated in the case of AKWEI V AKWEI, also in the case of REGISTERED TRUSTEES OF ISLAMIC MISSIONARY SOCIETY V BELLO ABASI.
However, various circumstances may give rise to these trusts in English law. An implied or resulting trust may arise where two people make mutual wills for the disposition of their property in pursuance of an independent antecedent agreement to do so. If the survivor takes the benefit given by the other will and then alters his own will, his personal representatives hold the Property affected on trust for the person who would have taken under the will made in pursuance of the mutual agreement.
Nevertheless, these trusts may also arise where there is a transfer into and purchase in the name of another and other related cases. However, where a person buys property and has it conveyed or registered in the name of another, it is presumed thať other holds the Property in trust for him. This principle was laid down in DYER V DEYER.
However, in UKATTA V EMEMBO, it was held thať since the plaintiff provided the purchase money and paid for the renewal of the lease, a resulting trust arose in his favour, accordingly the defendant held the new lease as trustee for the plaintiff.
Resulting trusts arise also where beneficial interest is not completely disposed off, in such a case, there is a resulting trust to the settlor, however, this was been demonstrated in RE OBABUNMI PEDRO.
Constructive trusts, on the other hand, cover a variety of different relationships. Interestingly, Keeton suggests thať a constructive trust is a relationship created by equity in the interest of good conscience and without reference to any express or implied intention of the parties. However, this was held in the case of MARQUES V EDEMATIE, also illustrated in a similar case of KEECH V SANDFORD.
