Constructive Trusts - A Masterclass for Litigators

Introduction

This in-person Masterclass will review the principles behind establishing a constructive trust and will provide a comparison with other types of declarations and remedies in relation to ownership of a property - such as resulting trusts and proprietary estoppel.

It will review the essential criteria for such trusts, in the domestic as well as commercial sphere such as illegality as a foundation; real property as well as other types of property; practical protective steps; litigation; jurisdictional and other issues when international aspects exist in a case.Delegates will be provided with an in-depth analysis of the developing case law in this long challenging and ever-expanding area.

What You Will Learn

This course will cover the following:

• Constructive trusts - contrasted with express and resulting trusts, and proprietary estoppel
• Essential elements of a constructive trust - agreement or understanding, contributions to purchase price
• Pallant v Morgan equity
• Trusts based on illegal purpose
• Context - domestic or commercial factual matrix
• Trusts other than of land - chattels, bank accounts
• Protecting beneficial interests before disputes arise
• Dispute scenarios - co-owners, divorce, third party lenders, trustees in bankruptcy
• Protecting interests after disputes arise
• Powers of trustees and beneficiaries
• TOLATA claims - procedural tips
• Quantifying the interest
• Equitable accounting