Resulting Trusts

1. Law
2. Georgia Code
3. Wills, Trusts, and Administration of Estates
4. Trusts
5. Implied Trusts
6. Resulting Trusts

A resulting trust is a trust implied for the benefit of the settlor or the settlor's successors in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property under any of the following circumstances:

1. A trust is created but fails, in whole or in part, for any reason;
2. A trust is fully performed without exhausting all the trust property; or
3. A purchase money resulting trust as defined in subsection (a) of Code Section 53-12-131 is established.

(Code 1981, §53-12-130, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Trusts, § 135 et seq.

Am. Jur. Pleading and Practice Forms, Trusts, §§ 40 to 56.

Proof of Grantor's Intent that Grantee Hold Property in Trust, 74 POF3d 353.

Download our app to see the most-to-date content.