About This Course
This CLE course will address the hidden secrets of constructive trust litigation. A typical example could be if one’s client has executed a deed signing away his property, with full knowledge of what he was doing. However, he had an "understanding" that he would get it back someday. Does the statute of frauds bar relief? Maybe not.
The author of the new book "Litigating Constructive Trusts" reveals some critical issues that come up in constructive trust cases, and how to use those matters offensively or defensively. Unlike traditional express trusts that are planned well in advance with all parties involved agreeing to roles as trustee and beneficiary, a constructive trust is a legal fiction created by a judge as a distinct remedy—powerful, nuanced, and often complex and daunting. If all else fails, sometimes a constructive trust can come to the rescue. Whether you are litigating in their favor or defending in such a case, this lecture is an essential guide on the topic.