TSEM6263 - Legal background to trusts and estates: implied or presumptive trust
»Ê¹ÚÌåÓýappre 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. »Ê¹ÚÌåÓýappre 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.