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The Probate Code defines trusts as either express trusts, or trusts implied through court action.

Implied trusts are of two kinds: resulting trusts and constructive trusts.

Resulting Trusts

A resulting trust is imposed by law where circumstances show that the transferee was not intended to take a beneficial interest in the property.  A resulting trust carries out the inferred intent, where there was no expressed intent of the parties.  The trustee of a resulting trust has no duty other than to transfer the property to the implied beneficiary.

Constructive Trust

A constructive trust (or involuntary trust) is really more of a remedy than a trust and is imposed by a court of equity to redress a wrong (such as fraud) or prevent unjust enrichment.

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