Legal Articles

Constructive Trust: Unjust Enrichment and Breach of Fiduciary Duty

A constructive trust is an equitable device to “remedy a situation where a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence of faith reposed in another.” Lynch v. Lynch, 260 S.W.3d 834, 837 (Mo. 2008).  It may also provide a remedy…

Resulting Trust versus Constructive Trust

Probate and trust law is substantively complex. This is due in part because of the terminology. Although the terms do not apply exclusively to probate matters, there is often confusion about the distinction between a “resulting trust” and “constructive trust.” Contrary to what it may seem, these really are not probate or estate concepts. Further,…

Constructive Trust

Trusts — irrevocable or revocable — are generally used in an estate planning context as a vehicle to transfer assets to heirs or as a tool to manage one’s finances more efficiently. In certain circumstances, a court may construct a trust in litigation to remedy a wrong committed by a defendant. A constructive trust is a legal…

Scroll to Top