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United Kingdom Leading Case tracing in equity

Foskett v McKeown

[2001] 1 AC 102
JurisdictionUnited Kingdom
CourtUK House of Lords
Year2001
StatusBinding authority

Summary

Beneficiaries may trace trust property into mixed funds and claim a proportionate share of any profitable investment made therefrom as a matter of property law, not unjust enrichment.

Key Principle

Proprietary tracing into mixed funds: a beneficiary can trace trust property into a mixed fund and claim a proportionate share of any profitable investment made from that fund.

Area of Law

trusts

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