LLB Equity, Trusts, Wills and Formalities

Module description:

This module will cover the following main areas of study: 

(1) The nature of equity and the trust
- Historical introduction
- Equitable maxims
- Basic classifications of express trusts and trusts implied by law

(2) Classification and validity of trusts powers, gifts and interests under a will:
- Capacity
- Validity and interpretation of requests/clauses in a will
- Identification of situations where a gift may fall
- How interests pass under a will on intestacy

(3) Charitable trusts: 
- To understand how “regulation” and “regulators” operate in conjunction with the common law
- Charitable heads
- Public benefit
- Operation of the Charity Commission

(4) Resulting trusts:
- Theoretical basis
- Private purpose trusts
- Application in the Inland Revenue Cases
- Operation of the presumptions and equality considerations

(5) Constructive trusts
- Operation in the domestic familial context (interests in the cohabitation)
- Operation in the context of receipt of bribes and secret commissions

(6) Trustees powers and duties and breach of trust
- Dispositive powers under the Trustee Act (as distinct from powers of management/delegation)
- Duties of care
- Breach of duty, liability and defences
- Relation to fiduciary duties