This three-hour seminar will provide an introduction and overview of the use of equity to establish and/or vary interests in property.  The seminar will consider implied trusts and the development of the law of resulting trusts to recognise interests in property.  The seminar will consider the categorisation of resulting trusts as presumed resulting trusts and automatic resulting trusts.  The seminar will then consider the seeming demise of the presumption of resulting trust and its linked but contrary presumption, the presumption of advancement, in England and its survival in Hong Kong.  The doctrine of illegality as it affects presumed resulting trusts in Hong King will also be considered.

• Implied trusts;
• The origins of the doctrines of resulting trusts and constructive trusts;
• The presumption of resulting trust;
• Rebutting the presumption of resulting trust;
• The presumption of advancement;
• The doctrine of illegality in Hong Kong including issues with the Small House Policy.

This three-hour seminar will provide an introduction and overview of the use of equity to establish and/or vary interests in property  The seminar will consider implied trusts and the development of the law of resulting and constructive trusts to recognise interests in property.  The seminar will provide an overview of automatic resulting trusts and constructive trusts  The seminar will consider the circumstances in which automatic resulting trusts arise and how they have been developed  In particular, we will consider the use of automatic resulting trusts to justify the recognition of Quistclose trusts and contrast these with the use of Romalpa clauses  The seminar will conclude by considering the use of remedial as opposed to institutional constructive trusts and the categories of constructive trust that may be recognised in Hong Kong  The common intention constructive trust will be considered as and compared to the doctrine of proprietary estoppel.

• Implied trusts;
• The origins of the doctrines of resulting trusts and constructive trusts;
• The automatic resulting trust;
• Quistclose trusts;
• Romalpa clauses;
• Remedial and institutional constructive trusts;
• The categories of constructive trust recognised in Hong Kong;
• Common intention constructive trusts and proprietary estoppel;
• The disputed issues in this area of the law.