Topic
Constructive Trusts
77 published works
Wills, Trusts & Estates Prof Blog
Article on Singapore’s Remedial Constructive Trust
Man Yip (Singapore Management University School of Law) recently published an article entitled, Singapore’s Remedial Constructive Trust: Lessons from Australia? Journal of Equity, Vol. 8, pp. 77-107 (2014); Singapore Management…
New York Business Divorce
Case Illustrates Power of Constructive Trust to Establish Stock Ownership
The equitable remedy of constructive trust comes to the rescue of a minority shareholder in a family-owned business in Quadrozzi v. Estate of Quadrozzi, decided last week by the Appellate…
California Trust, Estate & Probate Litigation
Constructive Trust Actions: Rounding Up Wrongfully Taken Assets
My friend and colleague, Michael Hackard, with Hackard Law in Sacramento, California, approached me the other day with an intriguing and much overlooked concept to recapture lost assets from an…
New York Trusts & Estates Litigation
Lessons of Constructive Trusts Continued
As explained by Jaclene D'Agostino in our previous entry, constructive trusts may be imposed in a variety of circumstances. However, there are numerous situations in which courts have rejected the…
New York Trusts & Estates Litigation
What is a Constructive Trust?
Often misunderstood or confused with an express trust, a constructive trust is an equitable remedy applicable in a variety of circumstances. Jaclene D'Agostino discusses the doctrine in our most recent…
Florida Insurance Blog
Claim for Equitable Lien and Constructive Trust Allowed Against Law Firm for Reimbursement of Lien
By Mark Nation
In Ward Mfg. v. Yeager, 2009 WL 1107891 (E.D. Pa. April 22, 2009), Yeager's injury lawyers recovered money for personal injuries. Ward had paid medical expenses associated with the injuries,…
British Columbia Insurance Blog
A wife may not be entitled to benefits under her husband’s life insurance policy if the husband’s former wife is the named beneficiary.
The Applicant, who was the second wife of the deceased, sought, unsuccessfully, a declaration that she was entitled to proceeds of the deceased’s life insurance policy. The Respondent was the…
North Carolina Business Litigation Report
Miller & Long, Inc. v. Intracoastal Living, LLC, January 8, 2009 (Jolly)(unpublished)
Plaintiff sued to impose a constructive trust on property purchased by the Defendant LLC at a foreclosure sale. It alleged that some of the members of the Defendant LLC had…
Florida Probate & Trust Litigation Blog
Can you enforce a California constructive-trust judgment against a Florida homestead?
Hirchert v. Hirchert Family Trust, --- So.2d ----, 2008 WL 2695897 (Fla. 5th DCA Jul 11, 2008) California constructive-trust judgment: This case started in California where, after a two-day bench trial, the…
Real Lawyers Have Blogs
Legal News – LexBlogosphere: 7/18/08
By Rob La Gatta
It's a Friday afternoon, and plenty of great content continues to be published by LexBlog clients from around the country. We've selected ten of these to showcase before heading off…