What characteristic describes a constructive trust?

A constructive trust is primarily established as a legal remedy to address situations where one party holds property unfairly or improperly, often due to fraud or unjust enrichment. The core purpose of a constructive trust is to prevent one individual from profiting at the expense of another, particularly in cases where the holder of the property is not entitled to it in an equitable sense.

For example, if someone wrongfully takes property that was intended for another or gains it through deceitful means, a court may impose a constructive trust in favor of the rightful owner. This remedy ensures that the person who has been wronged receives their due share or interest in the property or assets, thereby promoting fairness and justice.

Due to this fundamental function, a constructive trust does not revolve around the certainty of named beneficiaries or the revocability that might characterize other types of trusts. Additionally, it is not limited to creation through a will; it can be established through various means, including constructive trust principles applied by courts in certain circumstances. Thus, the emphasis on protecting against fraud and unjust enrichment underscores the essence of what a constructive trust embodies.