Trusts

Module title	Trusts
Module code	LAW3041B
Academic year	2021/2
Credits	30
Module staff	Mrs Tia Matt (Convenor)

Duration: Term	1	2	3
Duration: Weeks	12	11

Number students taking module (anticipated)	30

Module description

This module will develop your understanding of the general principles of the law of Trusts, both in their own right and within the wider context of property law, and to do so by concentrating on selected topics which are studied in depth.

Module aims - intentions of the module

The aims of the module are:

To achieve a critical understanding of the general principles of the law of Trusts, both in their own right and within the wider context of property law, and to do so by concentrating on selected topics which are studied in depth.

To achieve flexibility in the study of Trusts law, and selectivity within the considerable amount of material, so that problems in Trusts law can be correctly identified and addressed succinctly and accurately with full legal authority.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. demonstrate detailed, comprehensive knowledge of the law of Trusts and a substantial range of major concepts, values and principles relevant to its application;
2. compare, analyse and synthesise the principal rules and theories relating to the law of Trusts;
3. select and assess appropriate techniques of evaluation and evaluate selected aspects of the law of Trusts critically.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

4. demonstrate detailed, comprehensive knowledge and understanding of a range of complex and technical legal concepts and principles;
5. define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them;
6. select, integrate and present, coherently and reflectively, relevant law and legal/theoretical arguments.

ILO: Personal and key skills

On successfully completing the module you will be able to...

7. demonstrate engaged, effective and accurate communication skills in a manner appropriate to the discipline / different contexts;
8. identify, retrieve and use efficiently a range of resources with minimum guidance;
9. demonstrate the ability to interact effectively and proactively within a team / learning group and to share information and ideas, and to manage conflict;
10. demonstrate the ability to work independently, within a limited time frame, to complete a specified task.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

Private Trusts: Introduction; historical contextualisation; Distinction of trusts from other legal concepts; Creation of trusts; Formalities; Discretionary trusts.

Trusts Administration: Introduction to Trusteeship; Remuneration of trustees; Duty to maintain equality between beneficiaries; Investment; Powers of maintenance and advancement.

Other Trust Matters: Implied and Resulting trusts; Constructive trusts; Breach of Trust; Personal Remedies and Tracing;

Charities: Different forms of charity; Charities Act 2006 and the work of the Charity Commission and Charity Tribunal; Charitable nature; Disqualifying factors; Public benefit; Regulation of charities; Cy Pres doctrine.

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
55	245	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching Activity	55	22 x 2.5 hour seminars
Guided Independent Study	88	Seminar preparation
Guided Independent Study	32	Formative assessment preparation
Guided Independent Study	62	Summative assessment preparation
Guided Independent Study	63	Individual reading preparation

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Online activities (ELE quizzes)	2,000 words	1-10	Individual indicative mark and individual written feedback, with supplementary oral feedback available. General comments given to whole cohort.

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
40	60	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Portfolio (x 3 pieces of work)	40	72 hours for each piece; 3,500 words in total	1-10	Individual written feedback, with supplementary oral feedback available.
Examination	60	2 hours	1-8, 10	Individual written feedback, with supplementary oral feedback available.

Details of re-assessment (where required by referral or deferral)

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Portfolio (x 3 pieces of work)	Portfolio (x 3 pieces of work; as above)	1-10	August/September reassessment period
Examination	Examination (2 hours)	1-8, 10	August/September reassessment period

Re-assessment notes

Indicative learning resources - Basic reading

Basic reading:

There are no texts specified as essential but the following are all recommended for students to choose from;

Text Books

Virgo, Graham, The Principles of Equity and Trusts, 2012, Oxford University Press

Moffat, G., Trusts Law, Text and Materials, 5th ed. 2009, Cambridge University Press

Oakley, A. J., Parker and Mellows: The Modern Law of Trusts, 9th ed. 2008, Sweet and Maxwell

Pettit, P., Equity and the Law of Trusts, 11th ed. 2009, Oxford University Press

Panesar, S., Exploring Equity and Trusts, 2010, Pearson

Martin, J., Hanbury and Martin: Modern Equity, 18th ed. 2009, Sweet & Maxwell

Shorter Texts

Watt, G. Trusts and Equity, 3rd ed. 2008, Oxford University Press

Penner, J. E. The Law of Trusts, 5th ed. 2006, Oxford University Press

Hudson, A. Understanding Equity and Trusts, 3rd ed. 2008, Routledge-Cavendish

Edwards, R. and Stockwell, N. Trusts and Equity, 9th ed. 2009, Pearson Education.

Cases and Materials Book

Watt, G. Todd and Watt's Cases & Materials on Equity and Trusts, 7th ed. 2009, Oxford University Press

Burn, E. H. Maudsley & Burn's Trusts & Trustees Cases & Materials, 7th ed. 2008 Oxford University Press

Statute Book

A number of satisfactory books are on the market but two good ones are;

Thomas, M. Blackstone’s Statutes on Property Law 2009-10, 17th ed, Oxford University Press

Hewitson, R. Property Law Statutes 2010-11, Routledge

Indicative learning resources - Web based and electronic resources

ELE – http://vle.exeter.ac.uk/

All handouts and related materials will be put up throughout the year by the module co-ordinator on an ELE Trusts site. This site will also be used at the discretion of the individual lecturers for distribution of slides, and tests.

Indicative learning resources - Other resources

Comprehensive bound module materials written by the lecturers as described above.

Key words search

Private Trusts, Trusts Administration: Introduction to Trusteeship; Remuneration of trustees; Duty to maintain equality between beneficiaries; Investment; Powers of maintenance and advancement.

Credit value	30
Module ECTS	15
Module pre-requisites	None
Module co-requisites	None
NQF level (module)	6
Available as distance learning?	No
Origin date	01/10/2001
Last revision date	25/01/2021