Re Vinogradoff
A voluntary transfer of property into the name of another person, even a child, gives rise to a presumed resulting trust for the transferor.
Facts
Mrs Vinogradoff transferred war loan stock into the joint names of herself and her four year old granddaughter, but continued to receive the dividends herself. After her death, the question arose whether the stock belonged to the granddaughter by survivorship, or was held on resulting trust for Mrs Vinogradoff's estate.
Legal principle
Farwell J held that the stock was held on resulting trust for Mrs Vinogradoff's estate. The presumption of advancement did not apply, because Mrs Vinogradoff was not the child's father or in loco parentis. The voluntary transfer into the granddaughter's name therefore gave rise to a presumed resulting trust, which had not been rebutted. The granddaughter, although only four years old, held the stock as trustee.
Related cases on resulting trusts
- Re Abbott Fund Trusts [1900] 2 Ch 326
- Air Jamaica Ltd v Charlton [1999] 1 WLR 1399
- Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567
- Bennet v Bennet (1879) 10 Ch D 474
- Dyer v Dyer (1788) 2 Cox Eq 92
- Fowkes v Pascoe (1875) LR 10 Ch App 343
- Re Gillingham Bus Disaster Fund [1958] Ch 300
- Hussey v Palmer [1972] 1 WLR 1286
Studying equity and trusts? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
