Course description
This in-person course will review the principles behind establishing a constructive trust and will provide a comparison with other types of declarations and remedies in relation to ownership of a property - such as resulting trusts and proprietary estoppel.
It will review the essential criteria for such trusts, in the domestic as well as commercial sphere such as illegality as a foundation; real property as well as other types of property; practical protective steps; litigation; jurisdictional and other issues when international aspects exist in a case.
Delegates will be provided with an in-depth analysis of the developing case law in this long challenging and ever expanding area. Pallant v Morgan equity, trusts based on illegal purpose and trusts other than of land (chattels, bank accounts) will also be examined by barrister Robert Sheridan, Colleton Chambers.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
This in-person Masterclass will review the principles behind establishing a constructive trust and will provide a comparison with other types of declarations and remedies in relation to ownership of a property - such as resulting trusts and proprietary estoppel.
It will review the essential criteria for such trusts, in the domestic as well as commercial sphere such as illegality as a foundation; real property as well as other types of property; practical protective steps; litigation; jurisdictional and other issues when international aspects exist in a case. Delegates will be provided with an in-depth analysis of the developing case law in this long challenging and ever-expanding area.
What You Will Learn
This course will cover the following:
- Constructive trusts - contrasted with express and resulting trusts, and proprietary estoppel
- Essential elements of a constructive trust - agreement or understanding, contributions to purchase price
- Pallant v Morgan equity
- Trusts based on illegal purpose
- Context - domestic or commercial factual matrix
- Trusts other than of land - chattels, bank accounts
- Protecting beneficial interests before disputes arise
- Dispute scenarios - co-owners, divorce, third party lenders, trustees in bankruptcy
- Protecting interests after disputes arise
- Powers of trustees and beneficiaries
- TOLATA claims - procedural tips
- Quantifying the interest
- Equitable accounting
Expenses
MBL Seminars Limited
MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...