Topic
Constructive Trusts
77 published works
HEIRS & SUCCESSES
Constructive Trusts and Failed Joint Endeavours: Cunningham v Peterson [2026] NSWSC 774.
A constructive trust is an important equitable remedy for preventing unfair outcomes where the strict legal ownership of property no longer reflects the justice of the parties’ relationship. While registered…
Wills, Trusts & Estates Prof Blog
Article: Is the Remedial Constructive Trust Fair Game? Farm Transparency International Ltd v The Game Meats Company of Australia Pty Ltd
Aryan Mohseni (The University of Sydney Law School; Eleven Wentworth) recently published, Is the Remedial Constructive Trust Fair Game? Farm Transparency International Ltd v The Game Meats Company of Australia…
Law Web
Supreme Court explains concept of constructive trust regarding accountability of institutions handling public money
By Law Web
New York Trusts & Estates Litigation
Constructive Trust Claims
Constructive trust claims regularly arise in trusts and estates litigation. Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that…
Commercial Case Notes
Constructive Trust Imposed Based on Abuse of Confidential or Fiduciary Relationship
By John Lundin
On October 29, 2025, the Second Department issued a decision in Guambana v. Molina, 2025 NY Slip Op. 05942, affirming the imposition of a constructive trust based on the abuse…
Commercial Case Notes
Limitations Period for Constructive Trust Based on Conversion of Funds is Three Years
By John Lundin
On July 16, 2025, the Second Department issued a decision in Angel v. Strulovich, 2025 NY Slip Op. 04150, holding that the limitations period for a claim for a constructive…
IP wars
Is there a Lenah Game Meats constructive trust?
By War
The short answer is: not in this case in which Snaden J awarded The Game Meats Company $130,000 damages against Farm Transparency International for trespass but rejected Game Meats’ claim…
Wills, Trusts & Estates Prof Blog
Article: Limitation Period Against Constructive Trustees
Hui JING (Faculty of Law, The University of Hong Kong) recently published, Limitation Period Against Constructive Trustees, 2024. Provided below is an abstract:This commentary examines the Hong Kong Court of…
New York Probate Lawyer Blog
A Constructive Trust May Help Estate Beneficiaries
Disputes arise all of the time following the death of a decedent. These matters can take many different forms. If a decedent left a Last Will and Testament issues may…
Florida Probate & Trust Litigation Blog
Constructive Trust: Remedy, Cause of Action, or Both?
I was recently in a contested court hearing where a smart and thoughtful attorney and an equally smart and thoughtful trial court judge were arguing over the nature of a…