If step-dad takes + keeps mum's property - can kids claim constructive trust?

monkeysavers

Any insights will be appreciated:
Parents (now divorced) were bought their first home with contributions from all grandparents (dad's side gave much more). In their divorce settlement, the apartment was to be sold and proceeds divided 50-50, but dad was generous and mum got the lot. She was already living with hubby2, who suggested that as he gets more bank interest he'll hold the amount for her ("how generous"). Over the years he repeatedly refused to return the amount or any part of it. Finally, after much prodding from mum, hubby2 conditioned the repayment upon her signing some legal documents advantageour to him and their 'agreement' was for her only to get back 2/3 of the original amount and without ANY of the interest over the years. None of this was envisaged by mum when she allowed him to hold the money for her, and they always had a separation of property agreement so that he never had a claim to any share of this money. Also, he was unable to have more children, and he and mum had no kids together. He is now elderly and his kids control all of his finances including these of mum's proceeds and/or whatever interest has been earned on them.

QUESTION: As clearly mum and hubby2 could have no children, and had a separation of property agreement, and never has had any debt, clearly whatever would be left of this apartment sale proceeds would naturally have gone to mum's children. As the children only recently discovered what actually had happened to these moneys, can they claim against the stepfather and his children in constructive trust, and/or seek restitution for unjust enrichment?

lavidaloca

I think you'll need to be on a legal forum for an answer to this. There is a thread further down from yours which may help.