Getting to Grips with Express, Resulting & Constructive Trusts - A One Hour Guide

Introduction

Resulting and constructive trusts are the two main legal concepts that are applicable when assessing whether an individual has a share in a property, which might not be in their name, and the extent of that share.

This usually arises in the context of cohabitation disputes in unmarried couples.

This is often not helped by the misunderstanding that there is a concept of ‘common law’ marriage, which does not exist within English law.

What You Will Learn

This webinar will cover the following:

• What is an express, constructive, and resulting trust?
• What is the difference between an express, constructive, and resulting trust? Re Densham
• How do you prove a constructive trust? Express or implied agreement, including common intention and conduct - Hudson v Hathway, Archibald v Alexander and more
• Constructive trusts - sole ‘legal owner’ situations v jointly owned situations in domestic properties Amin v Amin, Rojob v Deb and more
• Constructive trusts - is there a difference between residential and commercial properties?
• How do you prove a resulting trust?
• Can constructive and resulting trusts apply to other assets, such as bank accounts?
• Equitable accounting
• Other factors - children, occupational rent, and mortgage payments
• How to progress with a claim for a constructive or resulting trust, including limitation periods - Trusts of Land and Appointment of Trustees Act 1996
• Inter-relationship between other areas of law, such as claim in proprietary estoppel and Inheritance (Provision for Family and Dependants) Act 1975: Pickering v Hughes

This webinar was recorded on 31st October 2022