What is a Constructive Trust?

[@digestiblelaw4647]

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[@matrixdecoded4226]

Question. A party is sole beneficiary of a deceased estate. The estate is intestate. The beneficiary, without applying to the probate court, begins selling assets and withdrawing funds from accounts (they have login passwords etc). Will the beneficiary be considered an executor de son tort or does the lack of other beneficiaries preclude this outcome?

[@matrixdecoded4226]

Is it an essential element for the a constructive trust to be imputed that the party has 'knowingly' dealt with the property unconscionably? In the case of estates many parties might deal with the estate property in good faith erroneously believing they have a right to dispose of estate property for the benefit of beneficiaries without first applying for probate and so would be considered an executor de son tort. Hence I question your use of the term 'knowingly' with respect to unconscionable conduct in imposing a constructive trust.

[@reesereserved]

i’ll make an attempt: as a general rule, a stranger to a trust that intermeddles with trust property or administration of the trust may be considered a constructive trustee. in my opinion, if a stranger to the trust purchases the trust property from the executor with actual or constructive notice of the trust,then the stranger/purchaser will be a constructive trustee. however, if the purchaser is a bonafide purchaser for value with notice, he will take the property free of the trust. if the executor that disposed of the property is a trustee, he may be personally liable for breach of trust. he has a duty to observe the terms of the trust instrument and of trust law.

[@biancabuscemi9590]

Thank you for this, much appreciated

[@shanmanprakash6927]

My wife contributed more then $100,000.00 towards her fathers named house and cleared the mortgage and died whilst I was paying other expenses in the house . Does constructive trust arises in this case .

[@ClaraCarmona]

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[@digestiblelaw4647]

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[@ClaraCarmona]

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[@amaanpasha3385]

Thanks sir from india 🇮🇳 very helpful

[@lesleylewis2031]

If someone has gifted money to another and signed a gift declaration witnessed by another and received legal advice when doing so can they now dispute this and put a constructive trust on this?

[@AmyM121]

It could be a resulting trust as the written declaration could rebutt the presumption of intention that the legal estate will be held on a trust of land with contributing parties taking beneficial interests in proportion to their contribution to the purchase price

[@inshirahamim5391]

very helpful. Thank you