- A solicitor was the trustee of a deceased estate
- He took money and transferred to his own bank account
- Solicitor purchased shares
- Relatives of the deceased estate tried to claim the shares
- Solicitor argued the shares were his because they were purchased from his own bank account
- Could the money be traced to the shares?
- Proceeds from the sale of the shares was the estate’s
- It is a well settled principle that whatever transformation the property might undertake, the beneficiary can claim it as long as it is identifiable
- Since shares were the only thing in existence, the money could be traced
- Where private money has been mixed with trust money, it can be traced into an investment that is in control of the trustee.
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