The same rule that funds must be shared rateably applies where the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - [case]. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the property will be owned three quarters by the Trust A and one quarter by the son. If the property goes down in value, Trust A will not be able to claim an equitable charge for £6,000, as that would prejudice the son’s claim.
Answer
Re Diplock
Tags
#equity #law #tracing
Question
The same rule that funds must be shared rateably applies where the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - [case]. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the property will be owned three quarters by the Trust A and one quarter by the son. If the property goes down in value, Trust A will not be able to claim an equitable charge for £6,000, as that would prejudice the son’s claim.
Answer
?
Tags
#equity #law #tracing
Question
The same rule that funds must be shared rateably applies where the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - [case]. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the property will be owned three quarters by the Trust A and one quarter by the son. If the property goes down in value, Trust A will not be able to claim an equitable charge for £6,000, as that would prejudice the son’s claim.
Answer
Re Diplock
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Open it the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - <span>Re Diplock. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the p
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