A beneficiary under an intestacy, who tried to position himself as owner of assets in the estate, became a constructive trustee of those assets, with or without letters of administration, and accordingly the claim for the return of the land was not time-barred. ‘Parliament, wittingly or unwittingly has drawn a distinction between personal representatives and executors on the one hand who are trustees and Executors de ses torts who are not.’ ‘a constructive trust attaches by law to property which is held by a person in circumstances where it would be inequitable to allow him to assert full beneficial ownership of the property.’
Judges:
The President Sir Stephen Brown Lord Justice Swinton Thomas Lord Justice Aldous
Citations:
Times 13-Apr-1999, Gazette 14-Apr-1999, Gazette 28-Apr-1999, [1999] EWCA Civ 921
Statutes:
Jurisdiction:
England and Wales
Wills and Probate, Limitation, Trusts
Updated: 05 December 2022; Ref: scu.145836