Constructive Trusts - An In-depth Analysis for Litigators
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
10:00am - 4:30pm
Please let us know if you wish to be notified when new dates are added for this programme