- Instructor: Stephen Gallagher
- Duration: 3 hours
Date: 25 November 2022 (Friday) Time: 9:30am–12:45pm Language: English Level: Elementary
Speaker: Stephen Gallagher, Associate Professor in Practice of Law and Associate Dean (Teaching & Learning) at the Faculty of Law, The Chinese University of Hong Kong
Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3 points Fee: HK$1,790
Highlights: This 3-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. Some of the topics considered in this seminar include:
- 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.
