Tax,
Probate
May 17, 2017
Constructive trusts can be court imposed to ensure equity
A recent case demonstrates that, sometimes, the law recognizes equity.
Megan Lisa Jones
Email: megan.jones@withersworldwide.com
Loyola Law School
Megan is a tax attorney who specializes in estate and business planning. She was previously an investment banker at firms including Lazard Freres & Company.
A recent case demonstrates that, sometimes, the law recognizes equity.
A constructive trust is a remedy and not a cause of action in which a trust is created on behalf of someone who has essentially been wronged. Under California Civil Code Section 2224, three conditions are necessary to create a constructive trust: property or an interest in property; one person's right to that property; and another person's gain of that property by "fraud, accident, undue influence, violation of th...
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