{"id":6458,"date":"2026-10-31T02:20:43","date_gmt":"2026-10-31T02:20:43","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/can-you-provide-an-example-of-a-constructive-trust\/"},"modified":"2026-11-05T05:27:46","modified_gmt":"2026-11-05T05:27:46","slug":"can-you-provide-an-example-of-a-constructive-trust","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/can-you-provide-an-example-of-a-constructive-trust\/","title":{"rendered":"Constructive Trust Example: Florida Scenarios Explained"},"content":{"rendered":"\n
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Trust Litigation | Coral Gables, Florida<\/p>

How a Florida Court Can Impose a Constructive Trust<\/h1>

A plain-English guide to constructive trusts, how they differ from express trusts, and the kinds of situations that come up in Florida trust and probate disputes.<\/p>

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By Leslie V. Marenco \u00b7 Published October 30, 2026<\/p>\n\n

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A constructive trust is a remedy a court imposes on property when someone holds it unfairly. Below are three everyday Florida scenarios, followed by how a constructive trust differs from a resulting trust and an equitable lien.<\/p>\n

What a constructive trust means in legal terms<\/h2>\n

No one signs a trust document to create it.<\/p>\n

Think of it as a fix a judge applies after the fact. The holder got the property through wrongdoing or unjust enrichment.<\/p>\n

Florida’s trust code<\/a> says the common law of trusts and principles of equity supplement the code. The idea at the center is simple. A person should not keep a benefit that fairly belongs to another.<\/p>\n\n

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Example 1: a promised home after years of caregiving<\/h2>\n

Picture an adult daughter who moves into her mother’s house to help after a fall. For years, she handles meals, medications and doctor visits. Her mother often says the house will be hers someday. The daughter cuts back her work hours and pays for some repairs. She signs nothing.<\/p>\n

Later, the mother signs a new will that leaves the house to a cousin. The daughter learns of the change only after her mother dies.<\/p>\n

A court may ask three questions. Was the promise made? Did the daughter rely on it? Would letting the cousin keep the house be unjust? Those questions track a test Florida courts use for unjust enrichment. The claimant must show a benefit conferred on the other person. That person must appreciate the benefit, and must keep it in circumstances that make keeping it without payment inequitable. Pincus v. American Traffic Solutions<\/a><\/p>\n

Two hurdles can matter a lot. First, a Florida appeals court has said that when an express contract covers the same subject, claims from that relationship will not support an unjust enrichment claim. Williams v. Johnson<\/a> Second, a trust doesn’t need a written instrument. But an oral trust and its terms must be shown by clear and convincing evidence. The evidence in each case shapes the answer.<\/p>\n

Example 2: property obtained through fraud or undue influence<\/h2>\n

Picture an older man who gives a family friend access to his bank accounts and papers. The friend helps with bills and errands. Over time, the friend persuades him to add the friend’s name to a savings account. He also signs over a rental property. The man dies a year later. His other children had no idea the changes happened.<\/p>\n

Under Florida law, a will is void if its execution is procured by fraud, duress, mistake, or undue influence (Fla. Stat. \u00a7 732.5165<\/a>). Fla. Stat. \u00a7 732.5165<\/a> A will is void if the execution is procured by fraud, duress, mistake, or undue influence.<\/p>\n

The section does not address fiduciary or confidential relationships; it voids a will procured by fraud, duress, mistake, or undue influence.<\/p>\n

In a probate case, the children could argue the account and property should have passed through the estate to the heirs. They could ask a court to impose a constructive trust over those assets. The proof is the hard part. They would need bank records, emails, texts, and witnesses who saw who handled the paperwork.<\/p>\n

Example 3: a co-owner who breaks a duty and keeps the asset<\/h2>\n

Picture two business partners who co-own a commercial building under a written agreement to share it. One partner later records the deed in his name alone. He then stops sharing the rental income. The other partner learns of it only after the transfer.<\/p>\n

A court may ask whether the titled partner holds the building for both of them. A constructive trust is one remedy the court could consider. Florida’s trust code names this remedy for a trustee who breaks a duty to a beneficiary. The court may “impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds.”<\/p>\n

That statute addresses trustees. A partnership dispute turns on its own facts and legal theories. Similar fights can arise in business succession. A family member may take control of an owner’s interest after a death, and other heirs or partners may dispute the transfer.<\/p>\n

The three types of trust<\/h2>\n

Many lawyers sort trusts into three groups: express, resulting and constructive. The grouping helps explain the doctrine. Real cases often mix theories.<\/p>\n

Express trusts are created on purpose. Florida law lists how a trust can be created. An owner can transfer property to a trustee during life or at death. An owner can declare that he holds identifiable property as trustee. Or someone can exercise a power of appointment in favor of a trustee.<\/p>\n

Use the three groups as a map, not a rulebook. One dispute may involve an express trust procured by undue influence. It may also include a claim for a constructive trust over assets moved out of it.<\/p>\n

Constructive trust vs. resulting trust<\/h2>\n

The difference lies in why the court steps in.<\/p>\n