Explore: Constructive Trusts

in the form of a constructive trust. Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject

are unclear. Although the word "trust" is used, resulting and constructive trusts are different from express trusts because they mainly create property-based

the trust (fideicommissum) in terms of "testamentary trusts" created by wills but never developed the concept of the inter vivos (living) trusts which

above, the usual remedy will be the already discussed constructive trust. Constructive trusts pop up in many aspects of equity, not just in a remedial

Discretionary trusts can only arise as express trusts. It is not possible for a constructive trust or a resulting trust to arise as a discretionary trust. Discretionary

classification of Quistclose trusts in existing trusts law: whether they are resulting trusts, express trusts, constructive trusts or, as Lord Millett said

Constructive trusts in English law are a form of trust created by the English law courts primarily where the defendant has dealt with property in an "unconscionable

rectification equitable estoppel certain proprietary remedies, such as constructive trusts subrogation in very specific circumstances, an equitable lien. equitable

thus constructive; if the more modern view is correct, the trusts exist without the court's permission, and are express trusts. However, a secret trust does

preserve. Trusts are essentially creatures of contract. Virtually all trusts are made in written form, either through an inter vivos or "living trust" instrument