Understanding Constructive Trusts

When a family member, such as a spouse, has performed labour on the property of the deceased, and its value has risen, they often expect to be compensated. If the deceased subsequently disinherits this family member, or leaves him or her with an inadequate inheritance, he or she may have a constructive trust claim.

Westside Family Law can assist you in a situation where you have been unfairly compensated for performing labour or a service. Our Vancouver lawyers understand the process and what evidence is needed to prove your case. We can gather necessary evidence and persuasively present it to the court.

What Is A Constructive Trust?

A constructive trust in an estate litigation case is a remedy the court may award that arose out of an unjust enrichment claim. To determine unjust enrichment you have to prove:

  • The deceased was enriched as a result of your contribution.
  • You were unfairly deprived or sacrificed for the deceased to make gains.
  • The enrichment is not legally justifiable.

The court will recognize a constructive trust when someone owns an asset that grew in value due to the contributions of someone else. If that person thought their contribution to the asset was for shared benefit, then a trust is created. In this situation, the court can decide there was a constructive trust and determine the value of the trust based on the claimant's contribution.

Navigating Clients Through Constructive Trust Claims

If a family member or another individual has been treated unfairly under the terms of the will, they may be able to ask for the remedy of a constructive trust. Due to the complicated nature of this type of litigation, it is prudent to consult with an estate litigation lawyer.

Westside Family Law has over 30 years' experience managing complex litigation claims. Our lawyers will explain the legal process to you, evaluate whether a legal claim in your situation can be successful and give you frank advice. We also represent clients in court. We understand that strong proof is needed to support your case and our lawyers will collect and evaluate evidence to build you the strongest case possible.

Schedule A Confidential Consultation

To determine whether you have a case for a constructive trust, call 604-800-8853. You can also reach our Vancouver lawyers through email.