||4 March 2020 (Wednesday)
||2:30pm - 5:45pm
For delegates who have prior knowledge of the subject area
||3 CPD pts (Accredited by The Law Society of Hong Kong)
||Learning Commons Ltd
Room 1602, 16/F,
1 Duddell Street,
Central, Hong Kong
Steven Gallagher teaches equity and trusts courses and art, antiquities, cultural heritage and the law at the Faculty of Law, The Chinese University of Hong Kong. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with equity. Steven's research interests include equity and the law of trusts, cultural heritage law and legal history.
This 3-hour seminar will provide an introduction and overview of the use of equity to establish and/or vary interests in property. The seminar will consider implied trusts and the development of the law of resulting and constructive trusts to recognise interests in property. The seminar will consider the categorisation of resulting trusts as presumed resulting trusts and automatic resulting trusts. The seminar will then consider the seeming demise of the presumption of resulting trust and its linked but contrary presumption, the presumption of advancement, in England and its survival in Hong Kong. The doctrine of illegality as it affects presumed resulting trusts in Hong King will also be considered. The seminar will then consider the use of automatic resulting trusts, in particular to justify the recognition of Quistclose trusts. The seminar will conclude by considering the use of remedial as opposed to institutional constructive trusts and the categories of constructive trust that may be recognised in Hong Kong.
- Implied trusts;
- The origins of the doctrines of resulting trusts and constructive trusts;
- The presumption of resulting trust;
- Rebutting the presumption of resulting trust;
- The presumption of advancement;
- The doctrine of illegality;
- The automatic resulting trust;
- Quistclose trusts;
- Remedial and institutional constructive trusts;
- The categories of constructive trust recognised in Hong Kong;
- The disputed issues in this area of the law.
||Trust, Succession & Probate