Not so, friend.Originally Posted by shikamaru
Declaration is but one of four methods of creating a trust. The other three are assignment, transfer & contract. Declaration is typically when one declares they hold property in trust within their self to the use and benefit of another. Courts of equity also have the power on their own notice to form express trusts in the interests of minors and other incompetents. All statutes are essentially express trusts with the legislature acting as grantor by proxy on behalf of the public.
Constructive trusts are a remedial device courts use to return an injured party back to status quo...think of restitution.
Resulting trusts are when a grantor-beneficiary places purchase money into the hands of a nominal purchaser (trustee) to acquire title to lands to which the title will pass to the grantor at a later date at which time the trustee fails to convey title...a trust results due to the nature of the transaction.
Highly recommend reading Gilberts on Trusts, Henry R. Gibson's fantastic treatise Suits in Chancery and Christian Walters audio if they are still floating around the internet.
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