Topic
Constructive Trusts
77 published works
Wills, Trusts & Estates Prof Blog
Constructive Trusts Can Catch Wayward Trust Assets
The California Court of Appeals, in a case styled Higgins v. Higgins, invoked the powers of a constructive trust to recover misappropriated assets. Maria Higgins, along with her husband, created…
Boundary Dispute Law Blog
Thor v. McDearmid – Case Review
By Bob Zierman
Any lawyer who wants to "Geek Out" on civil procedure will have a heyday with Thor v. McDearmid. This case explore the ins and outs of Washington's Deadman's Statute -…
The Fiduciary Litigator
Texas Supreme Court Refuses To Rule On Whether Texas Recognizes Tortious Interference With Inheritance Rights And Affirms A Constructive Trust Based On A Finding Of Mental Incompetence
In Jackson Walker LLPO v. Kinsel, Lesey and E.A. Kinsel owned a ranch, and when E.A. died, he divided his half between his children and Lesey. Jackson Walker, LLPO v.…
Trust on Trial
Constructive Trusts Can Catch Wayward Trust Assets
Trustees in California trust disputes should not overlook the power of the constructive trust remedy as a way to recover errant trust assets. That’s a takeaway from Higgins v. Higgins…
Wills, Trusts & Estates Prof Blog
Article on How Equity Finds Expression in the Constructive Trust
Kato Gogo Kingston & Mercy Oke-Chinda recently published an Article entitled, To What Extent Can Equity Find Expression in Constructive Trust Under the Nigerian Legal System?, 58 J.L., Policy &…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (FEBRUARY 27-MARCH 3, 2017)
Good afternoon, Below are the summaries for this past week’s civil decisions. There was a distinctly family law theme this week. In a 100-page decision in Moore v Sweet, the…
NJ Family Legal Blog
Supreme Court of New Jersey Addresses Equitable Claims and Remedies (while reinforcing a potential palimony loophole through the proverbial “black hole”)
What rights do people have to an equitable distribution of assets stemming from a period prior to the marriage itself? If there is no right to equitable distribution under those…
The Fiduciary Litigator
Court Affirms Order Requiring Partition of Property Where Fiduciary’s Homestead Argument Failed
In Byrom v. Penn, Byrom was appointed executor of his mother’s estate, and he was later removed as executor for breach of fiduciary duty by using estate funds to build…
Wills, Trusts & Estates Prof Blog
Article on “Remedial” Constructive Trusts
Ying Khai Liew recently published an Article entitled, Reanalysing Institutional and Remedial Constructive Trusts, Cambridge L.J. (Forthcoming 2016). Provided below is an abstract of the Article:It is often said that…
Wills, Trusts & Estates Prof Blog
Article On Constructive Trusts In Canada
Anthony J. Duggan (Faculty of Law, University of Toronto) recently published an article entitled, Constructive Trusts in Insolvency: A Canadian Perspective. Provided below is an abstract of the article:In Canada…