Lecture notes

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

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Module
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

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

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

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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

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Lecture notes

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

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