Collins v Simonsen

Trust and Trustee – Gift. The payment of a sum of money by the claimant to the first defendant estate agent for the benefit of a third party, C, was a conditional and incomplete gift. The Queen's Bench Division, held, that, in the absence of further instructions from the claimant, (which there had not been any) a resulting trust of the £42,000 arose upon the transfer of the money into the first defendant's client account, with the first defendant as the trustee and the claimant, as the transferor. The claimant, accordingly, was entitled to the sum of money back at her request.

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