Class notes

RESULTING TRUSTS AND THE PRESUMPTION OF ADVANCEMENT; CONSTRUCTIVE TRUSTS; COMMON INTENTION CONSTRUCTIVE TRUSTS

20 views 1 purchase

Course
Equity and Trusts

Institution
University Of Liverpool

Equity and Trusts Lecture Notes - RESULTING TRUSTS AND THE PRESUMPTION OF ADVANCEMENT; CONSTRUCTIVE TRUSTS; COMMON INTENTION CONSTRUCTIVE TRUSTS

[Show more]

Preview 1 out of 29 pages

View example

Uploaded on September 30, 2018
Number of pages 29
Written in 2016/2017
Type Class notes
Professor(s) Unknown
Contains All classes

equity
trusts
law
constructive trusts
resulting trusts
common intention constructive trusts
presumption of advancement

Institution
University of Liverpool
Education
Law
Course
Equity and Trusts

chloeamies

Member since 6 year 24 documents sold

$9.66

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

ONLINE LECTURE OUTLINE – SEMINAR FOUR
PART A: CONTEXT & HISTORY:
 Lecture 1: The Legal Context:
o Background:
 Property being shared on a more than casual basis
(family home)
 Legal title not in the name of the claimant
 No concept of ‘common law marriage’  the idea that if
two people live together for a certain period of time they
then become entitled to certain rights as if they were
married (a myth)
 No immediate entitlement to property on the end
of a relationship, irrespective of duration
o Informal Sharing of Property:
 Young couples do not think about legal implications of
property sharing until the relationship breaks down:
 Increasing incidence of cohabitation rather than
marriage
 Forty years ago, most people married – it wasn’t
until the liberation in the 60s/70s/80s that people
started to cohabit rather than marry
 Marriage gives different rights
 Elderly Relatives:
 May live with family
 Contribute to household and/or mortgage
expenses – does this give them some entitlement
to the property?
 Same sex couples:
 No rights in the property if not registered as civil
partners or married
o Formal Sharing of Property by Express Trust:
 Legal owner, as settlor, creates a trust for himself and
partner in equity:
 Normal formalities apply
 Needs to be intended (three certainties) and fully
constituted
 Rights of parties determined by the trust
instrument
 Often not used:
 Parties do not think about breakdown of
relationship
 Parties not always recipients of good legal advice
o The ‘common law marriage’ fallacy

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller chloeamies. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $9.66. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

50843 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Popular Universities in the United States

Popular books

Find notes and summaries for these qualifications

Seller