workings of an express trust to such an extent as to harm it, they can be deemed constructive trustees, or trustees de son tort. In Mara v Browne, Smith LJ stated that "if one, not being a trustee and not having authority from a trustee, takes upon himself to intermeddle with trust matters or to do acts characteristic of the office of trustee, he may therefore make himself what is called in law trustee of his own wrong - ie, a trustee de son tort, or, as it is also termed, a constructive trustee". For someone to be made a constructive trustee, they must have had the property in their possession or control before the application, and have acted in a dishonest or reckless way. If found liable, the constructive trustee is held to account personally to repay any loss suffered by the trust fund, and must keep that trust property in his possession. References Bibliography English trusts law English property law