Commentary

7 Examples of equitable interests

CHOSES IN ACTION vol 7
| Commentary

7 Examples of equitable interests

| Commentary

7 Examples of equitable interests

The most obvious example of an equitable interest is an interest under a trust1. By contrast, the ‘interest’ of a residuary beneficiary under a will or on an intestacy is not an equitable interest but a mere right to have the estate of the deceased duly administered2. It is not an ‘equity’ for technical and historic reasons; yet it is capable of assignment. Neither can a person have any interest under the will of a living person; the chance of his inheriting being a mere ‘spes’3. Common interests under

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