What is the test for resulting trust in common law?
British Columbia, Canada
The following excerpt is from Wilson v. Munro, 1983 CanLII 347 (BC SC):
Professor McClean, in his comment on Pettkus v. Becker, "Constructive and Resulting Trusts — Unjust Enrichment in a Common Law Relationship — Pettkus v. Becker" (1982), 16 Univ. of British Columbia L. Rev. 155 at 160, notes that: The modern trend appears to establish a presumption of resulting trust in the case of all voluntary transfers of title, including those from husband to wife.
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