Clark Wilson’s Estates & Trusts lawyers Mark Weintraub, K.C. and Polly Storey‘s follow-up article, “Conscious of the Good Conscience Trust: Further Thoughts on the Constructive Trust in Wills Variation Claims” was featured in the November issue of The Advocate.
The constructive trust has been recognized by the Courts as a judicially-created concept that may be imposed “whenever justice and good conscience require it”.
You can read Mark and Polly’s full-length article in The Advocate here (see pages 859 – 866). If you missed or want to re-read the first article, “Binding the Will-Makers Conscience: Is it Time to Use the Good Conscience Substantive Trust in Wills Variation Cases?”, you can read it here.