Equitable Interest

/ˌekwɪtəbl ˈɪntrəst/

Definitions

  1. (n.) A right or interest recognized by equity courts allowing a party to benefit from property ownership even if legal title is held by another.
    The beneficiary holds an equitable interest in the trust's assets.
  2. (n.) An interest enforceable in equity, such as a beneficiary's right under a trust or a purchaser under a contract specifically enforceable.
    He claimed an equitable interest in the real estate despite not having the legal title.

Forms

  • equitable interests

Commentary

Equitable interest is distinct from legal title; drafters should specify whether rights are equitable or legal to clarify enforceability and remedies.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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Amicus Docs | Equitable Interest Definition