A resulting trust arises where property is transferred without consideration even where the transfer documents state a consideration, provided the court is satisfied on the evidence that the stated consideration was not paid. The illegality of a transferor's purpose in concealing assets from potential creditors does not bar enforcement of the resulting trust where the illegal purpose was never carried into effect and no creditor was actually prejudiced, applying the principles in Nelson v Nelson. Claims against deceased estates require careful scrutiny of the evidence but no special rules as to burden or standard of proof.
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