Resulting & Constructive Trusts - A Guide for Family & Private Client Lawyers

Introduction

Resulting and constructive trusts are two of the main legal concepts which can help a court decide whether someone has a share in a property, especially where the legal title to the property is registered in the sole name, to the detriment of the other party. This often arises in disputes between unmarried cohabiting couples and is made even more difficult by the common myth that is believed i.e. that the law in England and Wales recognises common law marriage.

As cohabiting couples continue to rise, but there is often an overlap with ventures both in a residential and commercial context, this virtual classroom seminar works through the current legal framework, and through examples of when resulting and constructive trusts arise, whether in a residential or commercial context.

What You Will Learn

This live and interactive course will cover the following:

• What is an express, resulting, and constructive trust?
• What is the difference between an express, resulting, and constructive trust?
• What is required to show a resulting and constructive trust?
• Constructive trusts: sole legal owner vs jointly owned properties in domestic properties
• Constructive trusts: residential vs commercial properties
• Application of resulting and constructive trusts to other assets other than property and other considerations
• Procedure for seeking declaratory relief under the Trusts of Land and Appointment of Trustees Act 1996
• Other potential claims and/or overlap, such as claims in proprietary estoppel and reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.