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In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". [1]
Irrevocable trust: In contrast to a revocable trust, an irrevocable trust is one in which the terms of the trust cannot be amended or revised until the terms or purposes of the trust have been completed. Although in rare cases, a court may change the terms of the trust due to unexpected changes in circumstances that make the trust uneconomical ...
Generally, the Grantor is also the one charged with funding the initial assets into the trust, either through an instrument (i.e., deed, security certificates, accounts retitled into the trust's name) or by a declaration (i.e., for tangible personal property without a formal title).
The decision of the House of Lords in Gissing v Gissing [1971] A.C. 886 establishes that, in the absence of express agreement or express trust, a right to a beneficial interest under a constructive trust can only be established by proving an express or imputed intention that a party other than the legal owner should have a beneficial interest ...
When the FDIC proposed these rules in 2022 — a year before talk about lifting the $250,000 insurance cap bubbled up during a run of bank failures — it estimated that almost 27,000 trust ...
In common law countries there are a variety of remedies that can be imposed when the court is satisfied that an equitable tracing claim has been made. The principal remedies are: an election to take the property (or a resulting trust) an equitable charge over the property; an account of profits, secured by an equitable lien; a constructive trust
This means that the landowner will sell fee simple interest to the land trust or will just give the land they own to an organization. Landowners may also sell or donate a conservation easement to a land trust. [citation needed] A landowner that donates a conservation easement to a land trust gives up some of the rights associated with the land.
This includes the sale of land, [6] a lease of property over three years, [7] a consumer credit agreement, [8] and a bill of exchange. [9] A contract for guarantee must also, at some stage, be evidenced in writing. [10] As a matter of contract English law takes the approach that a gratuitous promise, as a matter of contract law, is not legally ...
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