LLB Law of Trusts and Equity

Students studying on the Birmingham CampusModule description:

Land Law and Law of Trusts & Equity are conceived as together forming one integrated course designed to develop an understanding of the elements of English Property Law. 

The module in Trusts & Equity looks at:

  • The nature of equity
  • The definition, nature and functions of a trust
  • The creation of express private trusts (inter vivos and testamentary) including the three certainties, statutory formalities and completely and incompletely constituted trusts
  • Implied, resulting and constructive trusts, purpose trusts and charitable trusts
  • Appointment, retirement and removal of trustees
  • Remuneration of trustees
  • The general duty of care of trustees
  • Specific powers and duties of trustees (investment, delegation, dispositive powers, maintenance and advancement)
  • Variation of trusts
  • Trusts of land
  • Equitable remedies including breach of trusts
  • The fiduciary duties of trustees
  • Liability of strangers to a trust
  • Tracing elements of restitution
  • Personal and proprietary remedies of beneficiaries
  • Defences
 

 

Disclaimer

The optional modules listed on the website for this programme may unfortunately occasionally be subject to change. As you will appreciate key members of staff may leave the University and this necessitates a review of the modules that are offered. Where the module is no longer available we will let you know as soon as we can and help you make other choices.