Type CPD Hours Level
Masterclass 5 IntermediateInformation
SRA Competency B


This course 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

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Discounts are available for multiple places and if you have 5 or more people interested in this course and would like to discuss holding it in your area or on an in-house basis then please email us at information@mblseminars.com
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