JOLUGBO & ANOR V. AINA & ANOR: AN ANSWER TO THE ISSUES ARISING FROM RESULTING AND CONSTRUCTIVE TRUSTS VIS-À-VIS PRESUMPTION OF ADVANCEMENT

Abstract

As a matter of fact, a trust is a legal relationship between a donor, trustee and a beneficiary, where the donor appoints a trustee whom he hands over a given property of his to hold for the benefit of a beneficiary. This work strictly dealt with the issues arising from resulting trusts vis-à-vis a constructive trust. The work also analysed issues arising from presumption of advancement, with respect to properties purchased by husband for the wife and wife to the husband also, whether such properties are regarded as gifts or that each of them holds such as a resulting trustee. This work equally recommended that where a third party or an innocent party buys a property in good faith without any iota of fraudulent intention,that will await him under the law. Finally, the work concluded that if a husband purchases a property for her wife, it is regarded as a gift in law and vice-versa the wife.