We do not here have occasion to address the rule that an expectant heir may not maintain an action to set aside a transfer during the life of the ancestor or impose a
constructive trust over it, unless the incompetency of the ancestor is shown and the expectant heir acts as guardian in litem.
See Leonard I Rotman, "Deconstructing the
Constructive Trust" (1999) 37:1 Alta L Rev 133 (for a detailed explanation on the impact of this case).
In Australia, both resulting and
constructive trust analyses are commonly used by courts to determine the beneficial interests of parties in family property cases.
A
constructive trust is the formula through which the conscience of equity finds expression.
(52) The court imposed an equitable lien and a
constructive trust over the homestead.
"If Sugarman succeeds in proving that Shapiro breached his duty of loyalty, then Sugarman may well be entitled to an order requiring Shapiro to hold some part or all of his earnings from disputed client accounts in a
constructive trust for the benefit of Sugarman.
(71.) See DeLuca, supra note 40, at 917 (describing an institutional
constructive trust).
(181) In a
constructive trust situation, then, the child may have a cognizable legal interest in her Dividend based on the indicators considered above.
The circumstances in which a
constructive trust will arise are many and varied and can be organised in different ways.
jointly authored work by one author being viewed as a
constructive trustHis Honour would have been prepared to make a declaration that the deceased's estate held a three quarter interest in the property on a
constructive trust for the plaintiff.