As Millett LJ noted in Paragon Finance v DB Thakerar & Co [1998], Constructive trusts arise “whenever the circumstances are such that it would be unconscionable for the owner of property (usually but not necessarily the legal estate) to assert his own beneficial interest in the property and deny the beneficial interest of another”.
Whereas a duty must be exercised by a trustee, a power is something that can be exercised by the trustee.
Secret and half-secret trusts do not meet the formalities set out in section 9 of the Wills Act 1837 but are still enforced by the courts to promote equity, justice and fairness as well as to prevent unjust enrichment and fraud. These types of trust
The term resulting trusts comes from the Latin term “resalire” meaning to jump back and we will see how this applies to property. In Westdeutsche Landesbank v Islington LBC [1996] Lord Browne-Wilkinson identified two examples of resulting trusts: 1) Where a settlor attempts to create
When Mrs Jackson died and left her daughter nothing because of a family dispute that had spanned decades, legal action always looked likely. Jackson’s daughter argued that she should be entitled to maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 but the