Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, December 3, 2018

Article on Constructive Trusteeship: The Perils of Statutory Formulae

MarshallDarryn Jensen published an Article entitled, Constructive Trusteeship: The Perils of Statutory Formulae, Wills, Trusts, & Estates Law eJournal (2016). Provided below is an abstract of the Article.

This paper evaluates the provisions concerning constructive trusteeship in Trusts Act 1994 (Marshall Islands) and makes more general observations about the roles of constructive trusts in litigation involving trustees' breaches of duty, the roles of statute law and the risk inherent in attempts to express complex and multi-faceted private law concepts in statutory formulae.



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