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