Publication Type
Journal Article
Version
submittedVersion
Publication Date
6-2019
Abstract
Where misdirected trust asset consists of, or becomes invested in,registered land, whether the beneficiary could recover it from the recipient isdoubtful given that the Torrens system, through the principle ofindefeasibility, effects a substantial reversal of the priority rules under thegeneral law. The key to unravelling the seemingly contradictory cases on thistopic is to be sensitive to the diversity in drafting and interpretation of thedifferent Torrens legislations, with particular focus on whether the principleof indefeasibility also protects registered volunteers. Through a comparative studyof the Torrens jurisdictions in Australia and Singapore, this article highlightshow the position differs from jurisdiction to jurisdiction and makes suggestionson how the interests of the competing parties may be best balanced.
Discipline
Contracts | Jurisdiction
Research Areas
Private Law
Publication
Journal of Equity
Volume
13
First Page
1
Last Page
22
ISSN
1833-2137
Publisher
LexisNexis
Citation
SEE, Alvin W. L..
Recovering misdirected trust assets in the face of torrens indefeasibility. (2019). Journal of Equity. 13, 1-22.
Available at: https://ink.library.smu.edu.sg/sol_research/2952
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.