What is the nature of a resulting trust?

The nature of a resulting trust fundamentally revolves around the original intention of the trustor. A resulting trust arises when a trust fails or when the trustor does not intend for the trust to have any beneficial interest that would prolong its existence. In such cases, the property involved is presumed to revert to the trustor or their estate, reflecting the trustor's original intention to have the property returned to them or their heirs.

This principle highlights the importance of the trustor's intent, as it informs how the resulting trust is established and operated. If the trustor intended for the trust to end under certain conditions or intended for the property to return to them or their estate, a resulting trust would be enforced to reflect that intention.

Other options do not capture the essence of a resulting trust. The requirement for a written document is more relevant to express trusts rather than resulting trusts, which can arise without specific documentation dictating their existence. While equitable interests of beneficiaries may play a role in other types of trusts, resulting trusts primarily concern the trustor's intention, not current beneficiaries. Lastly, while there are trusts specifically established for charitable purposes, a resulting trust is not limited to that and may arise in various contexts beyond charitable intentions.