Trusts are categorized into those which are expressly made, aptly named express trusts, and those which do not result from the concerted atention of a settlor to create a trust but, instead, are imposed by a Court upon certain fact patterns which lend themselves to a trust.
Thus, express trusts are traditionally distinguished from implied trusts.
Implied trusts are usually said to be of three types: statutory trusts, resulting trusts and constructive trusts.
A trust is preseumed to exist where certain facts exists, facts drawn up by equity and therefore, based squarely on a need for fairness.
For example, the mechanism of an implied trust has been used to achieve justice or fairness in dividing assets when a couple break up after many years of living together but, having never been married, otherwise have no common law or statutory legal right to share in property to which they may have substantially contributed (see, for example, Pettkus v Becker).
REFERENCES: