Constructive Trusts for Litigators - Legal Framework & Potential Reform Explored

Introduction

Unlike marriage or civil partnership, simply living together does not automatically provide cohabiting couples with legal status or rights to property, regardless of how long they have been together. As a result, property rights for cohabiting couples can be complex and disputes frequently arise when a relationship comes to an end.

With cohabiting couple families now accounting for almost one in five families according to the Office for National Statistics and this figure expected to continue to rise, understanding the legal framework surrounding cohabitation is increasingly important.

This webinar will explore the current legal framework governing cohabiting couples in England and Wales, as well as potential reforms and key issues that may impact couples both during and at the end of their relationship.

What You Will Learn

This webinar will cover the following:

• What is a constructive trust and when does it arise?
• Unauthorised profits by fiduciary
• Specifically enforceable contract
• Statute as an instrument of fraud
• Forfeiture rule
• Joint or mutual Wills
• Liability of strangers
• Correction of injustice
• Constructive trusts and the family home
• Sole ownership
• Joint ownership
• Constructive trusts and investment/commercial properties
• Procedure under the Trusts of Land and Appointment of Trustees Act 1996
• Other potential claims and considerations
• Looking forward: potential reform and development?