... the current general law is adequate. In Re Vandervells Trust No 21 Megarry J. described what a presumed resulting trust was: "The first class of case is where the transfer to B is not made on any trust ... there is a rebuttable presumption that B holds on resulting trust for A. The question is not one of the automatic consequences of a dispositive failure by A, but one of presumption: the property has been carried to B, and from the absence of consideration and any presumption of advancement B is presumed not only to hold the entire interest on trust, but also to hold the beneficial interest for A absolutely. The presumption thus establishes both that B is to take on trust and also what that trust is. Such resulting trusts may be called "presumed resulting trusts" However in Westdeutsche Landesbank Girozentrale v Islington2Lord Browne-Wilkinson said that both types of trusts ...

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