For example, a resulting trust arises as a matter of law when: (a) an express trust fails in whole or in part; (b) an express trust is fully performed without exhausting the trust estate; and (c) a person furnishes money to purchase property in the name of another and both parties intend at the time of purchase that legal title be held by the named grantee for the benefit of the unnamed purchaser. See Steinhardt v. Steinhardt, 445 So. 2d 352, 357 (Fla. 3d DCA 1984), rev. denied, 456 So. 2d 1181; Constructive or resulting trusts involving real estate can be based on parol evidence. See Stonely v. Moore, 851 So. 2d 905, 906 (Fla. 3d DCA 2003).

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Florida State Courts

First District: Steigman v. Danese, 502 So. 2d 463, 467 (Fla. 1st DCA 1987), vacated on other grounds, 601 So. 2d 570 (Fla. 1st DCA 1992)

Third District: Steinhardt v. Steinhardt, 445 So. 2d 352, 357 (Fla. 3d DCA 1984), rev. denied, 456 So. 2d 1181 (Fla. 1984)

Fifth District: Maliski v. Maliski, 664 So. 2d 341, 342 (Fla. 5th DCA 1995)

Florida Federal Courts

Middle District: In re Woolum, 279 B.R. 865, 869 (Bkrtcy.M.D.Fla. 2002)

References

Restatement (Second) of Trust § 459 (1959)

[2] Defenses to Claim for Resulting Trust

(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 60.

(2) Claims against a decedent’s estate must be filed within three months of the first publication of notice of administration as required by § 733.702, Flat. Stat.

(3) Plaintiff cannot prove elements of claim by clear and convincing evidence. See Noti v. Holiday, 458 So. 2d 795, 795-796 (Fla. 3d DCA 1988).