Constructive trust Constructive trusts are imposed only in certain well established contexts, such as: (a) Where

a fiduciary makes a profit from his position, and (b) Where a stranger to the trust knowingly receives trust property, or dishonestly assists in a breach of trust by the trustees, Ministerial receipt Where an agent, such as a solicitor or banker, has received trust money in his ministerial capacity, and deals with the money in accordance with his principals instructions, he will not be liable as a constructive trustee19 unless: (a) He has dishonestly assisted his principal in a breach of trust; (b) He has received the property for his own benefit (for example, where a bank uses the money to reduce an overdraft); or (c) He has intermeddled in the trust by doing acts characteristic of a trustee and outside the duties of an agent (that is to say, where he has become a trustee de son tort). It is also established that if the agent is unaware that the money is trust property, he will not be liable so long as he acts honestly, within the scope of his agency, and complies with his principals instructions, even though there may be suspicious circumstances which might have put him on enquiry.
it is further established by a series of cases, the propriety of which cannot now be questioned, that the Statute of Frauds does not prevent the proof of a fraud; and that it is a fraud on the part of a person to whom land is conveyed as a trustee, and who knows it is so conveyed, to deny the trust and claim the land himself. Consequently, notwithstanding the statute, it is competent for a person claiming land conveyed to another to prove by parol evidence that it was so conveyed upon trust for the claimant, and that the grantee, knowing the facts, is denying the trust and relying upon the form of the conveyance and the statute, in order to keep the land himself