Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Scott v Pauly

274 words (1 pages) Case Summary

17th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): Australian Law

Scott v Pauly (1917) 24 CLR 274 (HC of Australia)

Resulting Trusts – Parent and Child – Property – Gift – Presumption of Advancement


Before a mother died, she had made a will and she had also purchased some property. She had transferred this property to her daughter. There were several letters that detailed the mother as acquiring this property and further to this, evidence that the daughter had given her mother the rent that was a result of the property while she was still alive. There was subsequently disagreement between the executors and her daughter upon her death regarding the property in question.


This case concerned whether the daughter held the property as the trustee for her mother or whether it had been a gift. Based on the letters and rent, the judge had held that a resulting trust for the mother was intended, yet on appeal, the judge held that this was in fact this was intended as a gift of beneficial interest to her daughter. The case was appealed to the High Court of Australia on the presumption of advancement.


The High Court of Australia dismissed the appeal. The judge believed that based on the evidence, the transfer of property was intended to be a gift. The issue of her daughter giving rent to her mother while was she alive was viewed as not being unusual or unnatural in the circumstances. Thus, the mother had beneficial interest in the property gifted to the daughter, despite the presumption of advancement normally only arising between father and child.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "Australian Law"

This selection of academic papers covers the legal system of Australia and contains, essays, dissertations and case summaries which may be of interest to Australian law students or those studying Australian laws from outside Australia.

Related Articles