Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $115 - NZLS members and Associate members
• $145 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

A constructive trust is an equitable remedy that prevents the person holding the property from unjustly benefiting from that property. This module will look at the features and types of constructive trusts; the factors that must be established to determine a constructive trust, as well as the potential remedies and outcomes when a constructive trust exists.

Learning objectives

By completing this module you will:

• Be aware of potential issues which may lead to a constructive trust existing.
• Better understand the differences and similarities between institutional and remedial trusts.
• Be able to provide your clients with robust advice whatever party you are assisting.

Electronic paper 

Author: Mike Lennard
Published: 29 November 2022
Pages: 19

Introduction

This paper will put constructive trusts in context, explain the differences between institutional constructive trusts and the still somewhat controversial remedial constructive trusts, and cover the related process of tracing whereby assets to which a trust attaches are identified.

The structure of this paper and the presentation will be:

• A reminder/summary of the features of constructive trusts vis-à-vis other trust categories;
• More detailed description of institutional constructive trusts, remedial constructive trusts and tracing;
• Coverage of the current state of New Zealand law in relation to remedial constructive trusts;
• Some comment on the United Kingdom view of remedial constructive trusts;
• An overview of tracing as a process;
• The development of backward tracing: Federal Republic of Brazil v Durant International Corporation (Privy Council);
• Some recent New Zealand decisions on institutional constructive trusts and backward tracing.

PowerPoint Presentation

These are the slides included in the presentation.