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Resulting trusts

This category contains 6 posts

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

Result

Mr Brownsea purchased a property in the names of himself and Ms Malit in the hope that a relationship would eventuate.  It did not.  Mr Brownsea wanted the title to the property to vest solely in him, Ms Malit would not oblige. There was no relationship in terms of the Property (Relationships) Act 1976 (the … 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

Resulting trust arises in contractual vacuum

The bare facts of Chang v Lee can be summarised as follows: Ms Lee purchases a property in Sunnynook Mr Chang (Ms Lee’s uncle) advances Ms Lee $275,000 of the $566,000 purchase price The advance was not a gift The terms of the loan advance were incomplete Mr Chang made the advance to Ms Lee on the … Continue reading

Result of resulting trust argument unjust but correct

Caveats can be useful for preventing property being transferred when it might defeat the caveators real ability to recover a debt owing or the due return on an unregistered property interest. However, to maintain a caveat it is necessary to show not only a debt or interest, but also how this debt or interest is connected to … Continue reading

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