Trusts of Land and Appointment of Trustees Act 1996
Variation of Trusts Act 1958
Wills Act 1837
Remedies
Account of profits
Breach of trust
Damages
Equitable remedy
Tracing
Other
Cy-près
Formalities
History
Trustee liability
Rule against perpetuities
Three certainties
International
Conflict of laws of trusts
Hague Trust Convention
v
t
e
Constructive trusts in English law are a form of trust created by the English law courts primarily where the defendant has dealt with property in an "unconscionable manner"—but also in other circumstances. The property is held in "constructive trust" for the harmed party, obliging the defendant to look after it. The main factors that lead to a constructive trust are unconscionable dealings with property, profits from unlawful acts, and unauthorised profits by a fiduciary. Where the owner of a property deals with it in a way that denies or impedes the rights of some other person over that property, the courts may order that owner to hold it in constructive trust. Where someone profits from unlawful acts, such as murder, fraud, or bribery, these profits may also be held in constructive trust. The most common of these is bribery, which requires that the person be in a fiduciary office. Certain offices, such as those of trustee and company director, are always fiduciary offices. Courts may recognise others where the circumstances demand it. Where someone in a fiduciary office makes profits from their duties without the authorisation of that office's beneficiaries, a constructive trust may be imposed on those profits; there is a defence where the beneficiaries have authorised such profits. The justification here is that a person in such an office must avoid conflicts of interest, and be held to account should he fail to do so.
Other types of constructive trust not relating to unconscionable dealings are constructive trusts over property, mutual wills, and arguably secret trusts. Where property is sold or transferred, the signing of an agreement to do so automatically transfers the equitable interest to the buyer or transferee; until the property itself is transferred, it is deemed to be held on constructive trust for the recipient. Mutual wills are irrevocable wills made by multiple people to come into force at the writer's death; similarly, these are also considered constructive trusts. Secret trusts are the subject of much debate over their classification, but one theory holds that they are constructive in nature. Related to constructive trusts are constructive trustees, or trustees de son tort; these are where "one, not being a trustee and not having authority from a trustee, takes upon himself to intermeddle with trust matters or to do acts characteristic of the office of trustee".[1] Where their actions are reckless or dishonest, the court makes that person a constructive trustee, forcing them to account to the beneficiaries for any loss suffered and look after the trust property in their possession.
^Hudson 2009, p. 575.
and 24 Related for: Constructive trusts in English law information
ConstructivetrustsinEnglishlaw are a form of trust created by the Englishlaw courts primarily where the defendant has dealt with property in an "unconscionable...
instance, in some states the slayer rule is implemented in the form of a constructivetrust. Constructivetrusts are imposed by operation of law. They are...
Quistclose trustsin existing trustslaw: whether they are resulting trusts, express trusts, constructivetrusts or, as Lord Millett said in Twinsectra...
Englishtrustlaw concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English...
InEnglishlaw, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that...
Resulting trustsinEnglishlaw are trusts created where property is not properly disposed of. It comes from the Latin resultare, meaning to spring back...
public interest. As well as charitable trusts, there are several exceptions to the rule against purpose trusts. If the requirement to fulfill a purpose...
Charitable trustsinEnglishlaw are a form of express trust dedicated to charitable goals. There are various advantages to charitable trust status, including...
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result...
and trusts concerns the origin of the body of rules known as Equity, Uses, Englishtrustlaw and their development into the modern body of trustlaw that...
Discretionary trusts and powers inEnglishlaw are elements of the Englishlaw of trusts, specifically of express trusts. Express trusts are trusts expressly...
exist; it can be brought into existence by the courts, such as inConstructivetrusts. Secondly, there must be some kind of fiduciary relationship between...
contracts, constructive trusts, constructive fraud, constructive intent, constructive possession, and constructive anything else the law chooses to baptize...
the settlor. Not all trusts where the settlor is also the beneficiary are resulting trusts. In common law systems, express trusts that clearly state the...
exceptions in their own state's law that legislators intend to preserve. Trusts are essentially creatures of contract. Virtually all trusts are made in written...
Australian trustlaw is the law of trusts as it is applied in Australia. It is derived from, and largely continues to follow Englishtrustlaw, as modified...
categories: trusts for relieving poverty, trusts for promoting education, trusts for advancing religion, and all other types of trusts recognized by the law. This...
party possesses in an object. The use of chose extends from the English use of French within the courts. InEnglish and commonwealth law, all personal things...
buildings in New York City Chase Manhattan Bank NA v Israel-British Bank (London) Ltd, an Englishtrustslaw case concerning constructivetrusts This disambiguation...
Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition...
applied to proprietary estoppel as they do to constructivetrusts): The fact that the constructivetrust remains predominantly remedial does not, however...
were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental...
Global Information