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Constructive Trust Agreement

Constructive Trust Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Constructive Trust Agreement

"I need a Constructive Trust Agreement to formalize an arrangement where my brother has been holding our deceased father's property in Hong Kong under his name since January 2025, with the understanding that it's for the benefit of all siblings."

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Document background
The Constructive Trust Agreement serves as a crucial document in Hong Kong's legal framework for formalizing trust relationships that arise by operation of law rather than explicit agreement. It is typically used when circumstances require recognition of beneficial ownership separate from legal title, such as in property transactions, family arrangements, or business dealings where one party has contributed to property held in another's name. The document incorporates provisions compliant with Hong Kong's Trustee Ordinance (Cap. 29) and related legislation, while addressing specific requirements for trust registration, property handling, and fiduciary duties. This agreement is particularly valuable in situations involving property disputes, family wealth management, or business arrangements where informal trust relationships need to be formally documented and enforced.
Suggested Sections

1. Parties: Identification of the constructive trustee(s) and beneficiary(ies), including full legal names, addresses, and any relevant registration numbers for corporate entities

2. Background: Recitals explaining the circumstances giving rise to the constructive trust, including the relevant facts, transactions, or relationships that created the equitable obligation

3. Definitions: Definitions of key terms used throughout the agreement, including 'Trust Property', 'Effective Date', and other relevant terminology

4. Declaration of Trust: Formal acknowledgment of the existence of the constructive trust and confirmation of the trustee's role

5. Trust Property: Detailed description and identification of the property subject to the constructive trust

6. Trustee's Obligations: Specific duties and responsibilities of the trustee in relation to the trust property

7. Beneficiary's Rights: Clear statement of the beneficiary's entitlements and rights under the trust

8. Trust Administration: Procedures for managing the trust property and making distributions

9. Duration of Trust: Terms regarding the duration of the trust and any conditions for its termination

10. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and submission to Hong Kong courts' jurisdiction

Optional Sections

1. Trustee's Powers: Additional powers granted to the trustee beyond statutory powers - include when trustee needs specific authorization for certain actions

2. Remuneration: Provisions for trustee compensation - include when trustee is to be paid for their services

3. Protector Provisions: Appointment and powers of a trust protector - include when additional oversight is desired

4. Sub-Trust Provisions: Provisions for creating sub-trusts - include when trust property needs to be divided for different beneficiaries

5. Variation Mechanism: Procedures for varying trust terms - include when flexibility might be needed in the future

6. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer to avoid court proceedings

7. Indemnification: Provisions for trustee indemnification - include when trustee requires additional protection

Suggested Schedules

1. Schedule 1 - Trust Property Schedule: Detailed inventory and description of all property subject to the constructive trust

2. Schedule 2 - Evidence of Circumstances: Documentary evidence of the circumstances giving rise to the constructive trust

3. Schedule 3 - Related Transactions: Details of any related transactions or agreements relevant to the trust's creation

4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to the trustee

5. Appendix A - Relevant Correspondence: Copies of relevant correspondence evidencing the intention or circumstances creating the trust

6. Appendix B - Property Valuations: Independent valuations of trust property where applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

































Clauses



























Relevant Industries

Real Estate

Financial Services

Family Business

Professional Services

Investment Management

Private Banking

Property Development

Wealth Management

Legal Services

Corporate Services

Relevant Teams

Legal

Compliance

Trust Administration

Property Management

Wealth Management

Risk Management

Corporate Services

Private Client Services

Family Office

Fiduciary Services

Relevant Roles

Trust Officer

Legal Counsel

Compliance Manager

Property Manager

Wealth Manager

Estate Planning Attorney

Corporate Trustee

Risk Manager

Company Director

Family Office Manager

Private Client Advisor

Trust Administrator

Property Lawyer

Fiduciary Services Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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