Tribe v Tribe
is an English trusts law case, concerning resulting trusts, the presumption of advancement and illegality.

Facts
A father transferred company shares to his son (presumption of advancement) to preserve them for the family’s benefit because he could be soon liable for dilapidations under commercial leases. It turned out he was not liable. The son refused to re-transfer shares.

Judgment
The Court of Appeal held that the father could demand return of the shares, because his illegal scheme had not in fact been carried into effect. Millett LJ said it was true that an illegal purpose cannot rebut the presumption of advancement, but because the illegal purpose had not been carried out, the father was not precluded of pleading the purpose to claim a resulting trust.

See also

English trusts law

Notes

References

English trusts case law
Court of Appeal (England and Wales) cases
1995 in United Kingdom case law