Which type of trust is created by a court when an express trust fails?

The type of trust created by a court when an express trust fails is a resulting trust. This form of trust arises in situations where the intentions of the parties who created the express trust are not fully realized. Essentially, when an express trust fails—perhaps due to lack of certainty in the beneficiaries, illegal purpose, or some other issue—the court intervenes to prevent unjust enrichment and imposes a resulting trust. This means that the property will be returned to the person who created the trust or their estate, as the court seeks to uphold the underlying intent of the parties involved.

The nature of a resulting trust focuses on the intentions and circumstances surrounding the creation of the original trust. It is a remedy used by the court to ensure that the assets do not go to waste when the original intent cannot be fulfilled.

In contrast, options like honorary trusts are not enforceable and do not arise from a failure of express trusts, while implied trusts are not specifically created by a court due to a failure but can be established based on circumstances suggesting that a party should not keep property for themselves. Constructive trusts are often enacted in response to wrongful conduct and aim to address issues such as fraud or unjust enrichment, but they do not arise merely from the failure of an express trust