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Breach of Trust - Tracing - StuDocu

    https://www.studocu.com/en-gb/document/university-of-sussex/equity-and-trusts/breach-of-trust-tracing/12366367
    BREACH OF TRUST: PROPRIETARY CLAIMS / TRACING A personal claim is enforceable against the defendant personally. A proprietary claim is enforceable against a particular item of trust property that is under the trustee's control. In addition to a personal remedy, a beneficiary may also seek a proprietary remedy.

Breach of trust, strangers and tracing | Alastair Hudson | Taylor & Fr

    https://www.taylorfrancis.com/chapters/mono/10.4324/9781315649627-17/breach-trust-strangers-tracing-alastair-hudson
    The beneficiaries are effectively able to recover their loss from the trustees, or from strangers, or from any person who holds the traceable proceeds of the trust property. It is quite an arsenal of equitable doctrines available to the beneficiaries. The theme running through this chapter is that the law of trusts will always try

Breach of Trust

    https://lawexplores.com/breach-of-trust/
    A breach of trust may range from a fraudulent disposal of trust property to an innocent dereliction of duties by investing trust moneys in unauthorised investments. The beneficiary is required to establish a causal connection between the breach of trust and the loss suffered either directly or indirectly by the trust.

Breach of trust and Remedies for Breach of Trust - The …

    https://djetlawyer.com/breach-of-trust/
    A breach of trust occurs when a trustee acts contrary to the dictates of the trust instrument or where he fails to act as instructed by the terms of the trust. Thus, where he neglects, fails or refuses to do what he ought to do or does what he is not instructed to do, he would be liable for a breach of trust.

Tracing | Digestible Notes

    https://www.digestiblenotes.com/law/trusts/tracing.php
    ⇒ The Privy Council has accepted that ‘backward tracing’ should sometimes be allowed → this is tracing into an asset acquired before the breach of trust e.g. if a trustee borrows money from the bank to buy a house, then takes money from the trust fund to pay off a mortgage on a house, the court can trace into the house, even though the ...

Breach of Trust - Tracing flow pq question template

    https://www.studocu.com/en-gb/document/university-of-london/equity-and-trust/breach-of-trust-tracing-flow-pq-question-template/14542773
    Backward tracing - tracing into an asset acquired before the breach Can you trace the £20k into the trust money in the hands of the mortgage lender - no he is almost certainly ED. Can you trace into the mortgage debt itself - it has been discharged and so this requires it to be revived and then claim remedy of subrogation (‘to ask in place ...

Tracing and Actions Against Strangers to the Trust

    https://lawexplores.com/tracing-and-actions-against-strangers-to-the-trust/
    Tracing is the ability to follow property into another’s hands. Personal remedies against a stranger to the trust continues the study of personal actions against individuals who have assisted in the commission of a breach of trust by the trustee. This latter subject builds upon personal actions against the trustee himself discussed in Chapter 12.

EQUITY AND TRUSTS 2.5 REMEDIES FOR BREACH OF …

    https://isochukwu.com/2017/12/30/equity-and-trusts-2-5-remedies-for-breach-of-trust/
    There can be no tracing where the trust property has been dissipated- Re Diplock – like spending the trust money on dinner or repayment of loans. No tracing right against bona-fide purchaser, no right where dissipated, no right where there is no fiduciary relationship, no tracing where it would be inequitable. Personal remedy against the recipient.

Tracing Cases | Digestible Notes

    https://www.digestiblenotes.com/law/trusts_cases/tracing.php
    Facts: There was a partnership that, in breach of its fiduciary duty, sold treasury bills worth £1035 deposited by Clayton and kept the proceeds for its own use.However, Clayton continued to deal with bank and drew out sums greater than the amount converted by the bankers. Held: It was held that Clayton could have no claim against estate in respect of the £1,035, as that debt was set …

Constructive Trust Remedy and Tracing | Disinherited

    https://disinherited.com/equitable-claims/constructive-trust-remedy-tracing/
    Usually, when a person buys property with his own funds and then has the conveyance registered in the name of a stranger there is a presumption of a resulting trust. The stranger is then presumed to hold the land in trust for the purchaser. The presumption is of course rebuttable.

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