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You are here: Home1 / Trusts and Estates2 / Proof Requirements for Constructive Trust.
Trusts and Estates

Proof Requirements for Constructive Trust.

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In this case the Second Department included a clear discussion of the elements of proof necessary to create a constructive trust: “(1) a confidential or fiduciary relationship, (2) a promise, (3) a transfer in reliance thereon, and (4) unjust enrichment…”.  Henning vs Henning, 2011-09955, Index No. 11901/11 Second Dept. 2-20-13

 

February 20, 2013/by Bruce Freeman
Tags: Second Department
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