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Tracing Trust Money - Civil Litigation Services
https://donaldlange.com/tracing-trust-money/
Tracing Trust Money. Trusts. Assume a friend holds real estate in trust for you while you are away travelling the world. He is the trustee who holds the property for your benefit and you are the beneficiary of the trust. When you return, you find out that your property has been sold in your absence and your friend has taken the money and bought ...
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 ...
How Do I Figure Out Where All of the Money In My Trust …
https://www.aldavlaw.com/blog/wheres-the-money-how-can-i-figure-out-where-all-the-trust-money-went/
Even if the money is gone, the financial records may tell you where the money went. If the funds were wired out of the bank, then there will be a …
Tracing in English law - Wikipedia
https://en.wikipedia.org/wiki/Tracing_in_English_law
Tracing (Chapter 20) - A Student's Guide to Equity and …
https://www.cambridge.org/core/books/students-guide-to-equity-and-trusts/tracing/C5965B8C039957100B1A2D6E11F29B62
tracing in equity allows tracing into mixed funds; in order to trace in equity the claimant must prove a fiduciary relationship and an equitable interest in the property; where a trustee mixes trust funds with his own funds in a bank account the rules always presume that the trustee withdraws his own funds first;
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
The law of tracing relates to rights held in an asset that can be asserted in another asset despite changes in form or attempts to conceal. ... LR 13 Ch D 696, the Court of Appeal upheld a decision to allow a trust beneficiary to trace its money into an account where it had been mixed with the trustee’s own money.
Tracing Cases | Digestible Notes
https://www.digestiblenotes.com/law/trusts_cases/tracing.php
Facts: A trustee misused trust funds to pay 2 of 5 premiums on a life assurance policy, of about £20,000. The money was later paid out under the policy. Held: It was held the beneficiaries of the trust could trace into the money paid out under the life assurance policy as it had not been mixed with the trustee’s own money. The House of Lords ...
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or its proceeds. Tracing allows transmission of legal …
Equitable tracing | Practical Law
https://uk.practicallaw.thomsonreuters.com/9-100-5441?contextData=(sc.Default)
Equitable tracing. There could be no equitable tracing of trust money paid into an overdrawn bank account. Traced property had to be identifiable at all relevant times. However, in certain circumstances it might be possible to identify, a misappropriation of trust money with the acquistion of a particular asset and this could result in the ...
Just Follow The Money: Tracing at common law and equity
https://bridgelawsolicitors.co.uk/just-follow-the-money-tracing-at-common-law-and-equity/
Tracing can support common law claims, where a claimant has legal title in the relevant property (i.e. assets you own outright), and equitable claims, where a claimant has a beneficial interest in the property (i.e. assets held by others for you under trust). Tracing operates under different rules at equity and common law.
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