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KembaraXtra – Legal Terms – Implied Trust
An implied trust arises either from the unexpressed intentions of the parties or by operation of law. Courts infer the existence of such trusts from the facts, conduct, or relationship between the parties. Implied trusts commonly overlap with resulting trusts and constructive trusts, and they reflect equity’s role in preventing unfair outcomes where formal trust arrangements have not been explicitly created.
An implied trust arises either from the unexpressed intentions of the parties or by operation of law. Courts infer the existence of such trusts from the facts, conduct, or relationship between the parties. Implied trusts commonly overlap with resulting trusts and constructive trusts, and they reflect equity’s role in preventing unfair outcomes where formal trust arrangements have not been explicitly created.
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