Publication Type

Journal Article

Publication Date

4-2017

Abstract

Where trust monies are used in breach of trust to pay for the deposit for a property, the courts have held that any mortgage loan which was used to fund the purchase does not count as the trustee's contribution to the purchase price for the purpose of determining the trustee's and the beneficiary's respective beneficial ownership in the property. This article considers two issues. First, if trust monies are used only after the trustee has paid for the deposit using his own money, are the loan monies obtained by the trustee under the mortgage still liable to be discounted as his contribution? Second, does it make a difference in the assessment whether the beneficiary is seeking to trace the misapplied trust funds into the sale proceeds or an account of profits which the trustee obtained in breach of the no-profit rule?

Discipline

Estates and Trusts

Publication

Trusts and Trustees

Volume

23

Issue

3

First Page

311

Last Page

318

ISSN

1363-1780

Identifier

10.1093/tandt/ttw217

Publisher

Oxford University Press (OUP): Policy I - Oxford Open Option D

Copyright Owner and License

Author

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

https://doi.org/10.1093/tandt/ttw217

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