#equity #law #tracing
Similarly where trust money or property has been mixed with other funds, the beneficiaries have the right to a proportionate share of the property acquired with the mixed fund or an equitable charge (or lien) over the property mixture, to secure their claim. This was made clear by the House of Lords in Foskett v McKeown [2001] 1 AC 102 which rejected Re Hallett’s Estate (1880) 13 Ch D 696 as apparent authority for a claimant only having a charge over property of the defendant fiduciary that had been purchased with mixed money.
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