220.127.116.11 Other Non-Express (Implied) Trusts
Date of effect
This topic has effect to controlled non-express (implied) trusts from 1 January 2002.
This topic contains information on the following:
- other non-express (implied) trusts, and
- assessment of other non-express (implied) trusts.
Other non-express (implied) trusts
There will be limited circumstances where it may be appropriate to find the existence of a non-express (implied) trust that is not a constructive or resulting trust. These types of trust will not be common. They occur where the court presumes from the circumstances that a trust was intended. In most cases a legal opinion will need to be sought to confirm the existence of such a trust.
Assessment of other non-express (implied) trusts
Generally the private trust and companies rules are to be applied to resulting trusts. This is irrespective of when the resulting trust was created.
Explanation: A non-express (implied) trust arises where an individual can establish that in spite of being the legal owner of an asset, that they only hold this asset on behalf of someone else.
Policy reference: SS Guide 18.104.22.168 Background to Non-Express (Implied) Trusts