Resulting & Constructive Trusts for Family & Private Client Lawyers

Introduction

Resulting and constructive trusts are two of the main legal concepts that 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 webinar 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 webinar will cover the following:

• What is an express, resulting and constructive trusts
• Preliminary considerations:
• Resulting trusts
• Constructive trusts
• Starting point when considering co-ownership of properties
• Calculating beneficial ownership of properties
• Quantifying the beneficial shares
• Examples when looking at land registry title for:
• Sole vs joint names
• Residential vs commercial properties
• Constructive trusts over other assets?
• Procedure to seek and obtain declaratory relief under the Trusts of Land and Appointment of Trustees Act 1996
• Round up of recent case law
• Other potential claims and overlap:
• Proprietary estoppel
• Equitable accounting
• Occupation rent
• Inheritance (Provision for Family and Dependants) Act 1975
• Schedule 1 of the Children Act 1989
• Practical example
• Potential reform on the horizon for cohabitants?