Resulting Trusts in the Conflict of Laws

Abstract

In the ninth edition of Dicey & Morris’ The Conflict of Laws, published in 1973, the editors decided to include, for the first time, a chapter concerning the law applicable to trusts. The judicial and academic consideration of when an English court will have jurisdiction to hear a dispute concerning a resulting trust and what law it should apply if it has, remains almost as scanty now as it was then. In “civil and commercial matters” the Brussels Convention provides a scheme for the allocation of jurisdiction between Contracting States. Those resulting trusts, which are alleged to arise out of a “matrimonial relationship”, would not be within the scope of the Convention therefore. The facts as alleged were that an English father wished to buy a holiday apartment in France. Due to exchange control restrictions, he decided that his son, also domiciled in England, should purchase the flat in his name.