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Tags
#equity #law #tracing
Question
If trust property has been kept separate, it can be reclaimed.

If it has been sold, the beneficiaries can [...].

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
trace into and claim the proceeds of sale

Tags
#equity #law #tracing
Question
If trust property has been kept separate, it can be reclaimed.

If it has been sold, the beneficiaries can [...].

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
?

Tags
#equity #law #tracing
Question
If trust property has been kept separate, it can be reclaimed.

If it has been sold, the beneficiaries can [...].

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.
Answer
trace into and claim the proceeds of sale
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If trust property has been kept separate, it can be reclaimed. If it has been sold, the beneficiaries can trace into and claim the proceeds of sale. If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the clai

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