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An in-depth analysis of constructive trusts, their history, and their role in equity law. Constructive trusts are often misunderstood, but they are valuable tools for trusts and estates litigators. This document clarifies the misconceptions surrounding constructive trusts, their purpose, and the conditions required to establish them. It also discusses the flexibility of the doctrine and the courts' power to apply it in various situations.
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Constructive Trusts and the “Elastic” Power of Equity Law without principle is not law; law without justice is of limited value. Since adherence to principles of “law” does not invariably produce justice, equity is necessary.
similar, but slightly different way of thinking about Constructive Trusts as a Fraud rectifying device, is to consider it as an equitable tool for preventing Unjust Enrichment^3. Generally, Constructive Trusts fall into one of two types.
orders restitution to the Plaintiff so as to prevent the Defendant from receiving a benefit from their wrongdoing. Though it was not without hesitation that the Court defined Constructive Trusts in this manner - nor without concern or consideration as to how the Court should address the burden of proof; standards of proof; or even the absence of one or more of the accepted elements of the cause of action given the ill-defined boundaries of the doctrine – but its analysis about the nature of the Constructive Trust Doctrine, and the power which it affords the Court to ensure that substantial justice is achieved, could not be more incisive or apt. As a legal doctrine, Constructive Trusts can offer an effective means to protect a client’s equitable rights. The broad and powerful nature of this form of relief cannot be discounted, and should always be considered where and when, in the presence of unjust enrichment, a more commonplace or familiar remedy simply cannot right the wrong that has been done. *Gary E. Bashian is a partner in the law firm of Bashian & Farber, LLP with offices in White Plains, New York and Greenwich, Connecticut. Mr. Bashian is a past President of the Westchester County Bar Association, he is presently on the Executive Committee of the New York State Bar Association’s Trust and Estates Law Section, is a past Chair of the Westchester County Bar Association’s Trusts & Estates Section, past Chair of the Westchester County Bar Association’s Tax Section, and a member of the New York State Bar association’s Commercial and Federal Litigation Section. Mr. Bashian gratefully acknowledges the contributions of Andrew Frisenda, a Sr. Associate of Bashian & Farber, LLP, for his assistance in the composition of this article. (^1) Bankers Security Life Insurance Society v Shakerdge, 49 Ny2d 939 [1980] (^2) Sitkowski v Petzing, 175 AD2d 801 [2nd Dept 1991] (^3) Sharp v Kosmalski, 40 N.Y.2d 119 [1976] (^4) see generally Washington v Defense, 149 AD2d 697 [App Div 2nd (^) Dept 1989] (^5) see generally Farano v Stephanelli, 7 AD2d 420 [App Div 1st (^) Dept 1959] (^6) Simonds v Simonds, 45 NY2d 233 [1978] (^7) Bower v Bower, 42 Misc.3d 1231(A) [Monroe Sup Ct 2014] (^8) ibid