I9.431 Introduction

Equitable interests

I9.431 Introduction

The situs of an equitable interest depends upon whether it is to be regarded as a proprietary right in which case it is situated where the asset is situated, or a personal right of action against the legal owner or trustee1 in which case it will be situated in the place where the right of action is enforceable, generally where the legal owner or trustee resides.

Case law

In various case decisions2 the law of the place of the underlying asset (the lex situs) has been used to determine whether the equitable interest is to be

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