//
archives

constructive trusts

This category contains 17 posts

£200 then, $120,000 now?

In 1961 Andrew Taylor advanced £200 to his mother to assist with the purchase of a property.  Andrew’s contribution, which equated to 7% of the value of the property was recorded by need that recorded: … My son, Andrew Taylor, has provided two hundred pounds [200 pounds] towards the purchase price of the property, and … Continue reading

Reconstructive memories

Families are complicated.  Family agreements and arrangements all the more so.  Almond v Read highlights the consequences of family arrangements that are not recorded in writing.  The background facts are not disputed.  Ms Almond purchased land in Drury.  Two dwellings were built on the Drury property (the Property), one was occupied by Ms Almond and … Continue reading

Ink vs litigation

On first glance Almond v Read, appears to have it all.  Arguments were made relating to the parties common intention, a constructive trust and breaches of fiduciary duty in the context of family owned land that was acquired with best of intentions.  However, over time, different parties adopted different views of the basis upon which a … Continue reading

Constructive Trusts and other Trust Remedies

The development of the constructive trust in New Zealand and the parameters of remedial and institutional constructive trusts (and constructive trusts on express trusts) is an important aspect of trust law.   Vicki Ammundsen is presenting a practical remedy driven webinar on 14 September 2018 at 1.30am that considers constructive and other trusts in family, relationship and commercial contexts. … Continue reading

Once there were ten, now there are six – but the trust argument is avoided

Land owned by ten different owners as tenants in common was sold to a buyer who was required to apply for resource consents to subdivide the property and to obtain new titles. There was a dispute and following a settlement conference Harrison J ordered that on titles being issued the owners were to transfer one … Continue reading

Expectation denied

Expectations, great or otherwise are tricky to enforce.  When a person who had expectations in respect of an estate is disappointed there are various options for challenge open to the disappointed party.  However, each has thresholds that need to be satisfied. Consider the case of Blumenthal v Stewart.  Mr Blumenthal was the son of Mr … Continue reading

$10,000 per year for contributions to trust

The decision in Judd v Hawkes Bay Trustee Company Limited (see Another tributary in the trickle of constructive trust cases) has been upheld on appeal. By way of background  Richard Hodgkinson and Michelle Judd were married for six and a half years. Over that period they lived in a property in Lane Road, Havelock North, … Continue reading

You can run, but you can’t hide

Relationships end.  Sometimes badly.  Few amongst us can remember what we saw in the other.  Usually we move on.  Bruises are dusted.  The property is divided up, each thinks the other got more than they should have.    Some of us are made of stronger stuff.  Relationship property assets under the control of a single party to the … Continue reading

What a wicked web we weave

… when first we practice to deceive. The case of Marr v Parkin demonstrates the need sometimes to differentiate between transaction risk and expectation and the rights that might flow from the latter. The facts of the case are relatively straight-forward. Ms Marr’s home was subject to a mortgagee sale. She wished to retain the … Continue reading

Another tributary in the trickle of constructive trust cases

The decision in Judd v Hawkes Bay Trustee Company Limited represents another tributary in the trickle of constructive trust cases.  The facts are relatively straight-forward – trust settled after the end of the settlor’s marriage owns the family home, third wife (Ms Judd) aware of this, Ms Judd makes some direct and indirect contributions (40% was claimed, ultimate result equates … Continue reading

Categories