While constructive trusts and resulting trusts share some similarities, there are also some key differences between them.
One of the main differences is in how they arise. A constructive trust arises by operation of law as a remedy for some form of wrongdoing or breach of trust by the trustee, while a resulting trust arises when a person intends to create a trust relationship, but for some reason the formalities of creating a trust were not followed.
Another difference is that a resulting trust is not imposed by law against the intentions of the trustee unlike a constructive trust but gives effect to his presumed intention.
Please refer to our Equity and Trusts notes for all the differences.