Constructive Trust and Unjust Enrichment

Unjust Enrichment and Constructive Trusts

“Unjust enrichment” occurs when someone seeks an award of money or property because a deceased person was enriched at their expense without a legal reason.  If this can be tied to specific property, a “constructive trust” may form over the property, giving the contributor an interest in the property.

You need to prove:

1. you enriched the deceased person;
2. you were deprived of something, possibly money, time or, effort; and
3. there was no juristic (legal) reason.

An unjust enrichment case can occur in several circumstances, including:

1. taking care of an elderly friend or relative without pay for an extended period of time prior to their death;
2. performing work for someone without pay prior to their death;
3. contributing to the maintenance or mortgage of a house; or
4. performing housekeeping for someone without pay prior to their death.