1. ‘When a donor puts property into the name of a recipient, or pays for property in that recipient’s name, equity usually applies a presumption of resulting trust. It is up to the recipient to rebut that presumption and establish that they should keep that property. However, if the parties stand in a particular relationship, the position is reversed, and equity presumes that the transfer was intended as a gift. In these cases, it is presumed that the recipient is entitled to keep the property and it then falls to the donor to rebut that presumption on or of advancement if they want the property returned.’
Discuss the above statement making clear reference to cohabitees’ ‘rights,’ in the light of recent case law. (You may wish to also refer to academic authorities in your answer).
