Constructive Trust

A constructive trust is an equitible remedy in an effort to put a trust beneficiary in at least the positition that he/she would have been in absent a breach of trust. Constructive trusts can be impressed upon the value of trust property sold to a bona fide purchaser (BFP) for value, called tracing, or upon the actual property if not sold to a BFP, called following.

This brief overview of some important considerations associated with constructive trusts is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.