The presumptions are, however, easily rebutted. In Fowkes v Pascoe,Fowkes v Pascoe (1875) LR 10 Ch App 343 evidence was shown that a woman had purchased stock in the names of herself and her grandson; evidence by the grandson and granddaughter-in-law that this had been done as a gift was admissible. On the other hand, the presumption is solely concerned with evidence of an intent to create a trust; ulterior motives to create a trust are not taken into account. In Tinsley v Milligan,Tinsley v Milligan [1994] 1 AC 340 a woman transferred property to her business partner on trust in order to fraudulently claim social security payments; it was held that this did not defeat the presumption of a resulting trust.
