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Fraud, Trusts and Trusting: Enforcing Crown Forfeitures in Equity, c.1570–1620

Foster, David; (2023) Fraud, Trusts and Trusting: Enforcing Crown Forfeitures in Equity, c.1570–1620. The Journal of Legal History , 44 (3) pp. 256-294. 10.1080/01440365.2023.2274686. Green open access

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Abstract

Conveyances with informal agreements to hold for the benefit of the transferor initially proved efficacious in avoiding statutory forfeiture provisions. In the late sixteenth century, the equity side of the Exchequer developed a capacious doctrine of revenue fraud designed to capture such informal arrangements and to subject the transferor to liability for crown forfeitures. Initially drawing inspiration from the ‘badges of fraud’ in the Statute of Fraudulent Conveyances 1571, the Exchequer quickly lowered the evidentiary threshold required to prove a conveyance fraudulent. A key badge of fraud was an ‘entrusting’ of the transferee by the transferor. The presence of a conveyance ‘in trust’ eventually became the sole evidence required to hold certain conveyances fraudulent under the statute. In the longer term, these cases became the precedential basis for holding the beneficiary’s right under a trust liable to forfeiture as a matter of doctrine.

Type: Article
Title: Fraud, Trusts and Trusting: Enforcing Crown Forfeitures in Equity, c.1570–1620
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/01440365.2023.2274686
Publisher version: https://doi.org/10.1080/01440365.2023.2274686
Language: English
Additional information: © 2023 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/).
Keywords: Trust; forfeiture; crown; exchequer; equity; fraudulent conveyances; outlaws; recusants; traitors; fugitives
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10178619
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