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.
