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. What is the effect of s60(3) Law of Property Act 1925?

It removes the automatic presumption of resulting trusts. correct incorrect

It removes the automatic presumption of resulting trusts on voluntary conveyance of land. correct incorrect

It removes the automatic presumption of resulting trusts on purchase money contributions to the purchase of land and voluntary conveyance of land. correct incorrect

The clause has been considered to remove the automatic presumption of resulting trusts for voluntary conveyance of land in Lohia v Lohia [2001] although this conclusion is 'arguable'. correct incorrect

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. When does a resulting trust arise in a Quistclose Trust?

It is a purpose trust which is valid on the transfer to the donee when given for a particular purpose by the donor. correct incorrect

The original analysis of the case suggested that a resulting trust arise when the primary trust (i.e. payment of the dividends) failed. However the interpretations by Lord Millet In Twinsectra v Yardley was that there was a resulting trust for the settlor, with the power given to the donee to use for a purpose. So it arose, arguably, immediately. correct incorrect

It arises when the purpose fails and cannot be carried out. correct incorrect

It is an express trust. correct incorrect

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. Who has the burden of proof in presumed resulting trusts?

If it is a purchase money resulting trust then the burden is on the donee to prove it is a gift. If it is a voluntary conveyance of land resulting trust then s60(3) LPA 25 suggests that both parties can adduce evidence of the true intention. correct incorrect

The burden is on the donee to prove it is a gift. correct incorrect

The burden is on both parties. correct incorrect

The burden is on the donor. correct incorrect

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. In the absence of express common intention to create a constructive trust of the home what conduct can be used to infer such an intention?

Nothing will count to infer a beneficial interest in the home. correct incorrect

Payments to the household expenses. correct incorrect

Acts which would the claimant would not have done but for believing that they had a property interest in the home. correct incorrect

Only direct financial contributions which are attributable to the purchase of the home, i.e. mortgage payments. correct incorrect

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. In the absence contributions to the purchase of the home and express common intention to share the home what conduct can be used to establish a beneficial interest in the home?

Only direct financial contributions which are attributable to the purchase of the home, i.e. mortgage payments. correct incorrect

A unilateral promise by the legal owner, which is relied upon to the detriment of the claimant, which makes it inequitable for the legal owner to deny his promise, will estop the legal owner from denying the claimant an interest in the home. correct incorrect

There can be no interest created in the absence of either payments to the purchase or common agreement. correct incorrect

Being a legal owner of the home. correct incorrect