Constructive Trusts in Sri Lanka: A Model for an Expansive Approach

Abstract

The formal source of trusts law in Sri Lanka is the 1917 Trusts Ordinance. This was based on English law, being introduced during British rule of (what was formerly) Ceylon. In the century since its introduction, the law has certainly not stood still, and the cases and understanding of trusts laws both in England and in Sri Lanka have developed throughout that time. This paper makes two main points. The first is that the modern Sri Lankan legal landscape takes a circumscribed approach towards constructive trusts, compared to English law. The second is that there is nothing in the Trusts Ordinance which prevents Sri Lankan judges from taking a more expansive approach — that an argument may be..