Estate Planning And Probate Law Practice Test

A remedy imposed by a court to prevent unjust enrichment where there is no written agreement is called what?

Constructive trust Common law Inter vivos Codified

Correct Answer:

Constructive trust

Explanation:

Unjust enrichment without a written agreement is addressed by imposing a constructive trust. This is an equitable remedy where the person who holds or has benefited from the property is treated as holding it in trust for the rightful owner, so they must surrender or account for the value of the benefit. It arises by operation of law, not from a contract, precisely to prevent someone from keeping a windfall when there’s no valid written agreement. The other terms don’t describe a remedy: common law is the overall body of law; inter vivos refers to transfers made during life; codified means written statutes.

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