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Trusts

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 will do so by concentrating on selected topics which are studied in depth.

This module is one of the seven foundations of legal knowledge required by the JASB of the Law Society and Bar Council and it is therefore compulsory for all of you who wish to progress onto the Vocational Stage of Training to become a Solicitor or Barrister.

This module is suitable as both a part of the Qualifying Law Degree and also non-specialist programmes.

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 broad knowledge and understanding of Trusts law, using a range of appropriate concepts, interpretative techniques and terminology;
• 2. Possess in-depth knowledge and critical understanding of the law relating to certain areas of Trusts which have been selected for study in view of their particular difficulty or importance;
• 3. Demonstrate detailed awareness and critical understanding of areas of growth, controversy and reform in the law of Trusts ;
• 4. Understand the importance of non-legal/contextual materials (such as Charity Commission guidance);

ILO: Discipline-specific skills

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

• 5. Demonstrate detailed and comprehensive knowledge and understanding of a range of legal concepts and principles and make an informed and effective judgement about the merits and relevance of particular information or arguments;
• 6. Demonstrate the acquisition of legal research and analytical skills and apply the law to factual scenarios;
• 7. Communicate technical legal information and argument effectively, accurately and concisely, in a manner appropriate to the discipline and in task-specific ways;

ILO: Personal and key skills

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

• 8. Take responsibility for own learning (with some support), and to work effectively with others within a group, meeting obligations to the other members of the group
• 9. Identify, retrieve and use efficiently a range of resources with little guidance
• 10. Manage time independently and efficiently in preparing for learning activities, and 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:

• Introduction to trusts and equity; creation of private trusts; classification of trusts and distinction of trusts from other legal concepts;
• Requirements of certainty in relation to trusts, discretions andpowers of appointment;
• Constructive and resulting trusts
• Charities and non-charitable purpose trusts; unincorporated associations
• Trustees’ duties and powers
• Breach of trust and remedies

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

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

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

Re-assessment notes

** If a student achieves less than 40% in one essay but 40% or more in the other, the higher mark will be taken. If a student achieves less than 40% in both essays, and is permitted to refer, they may submit a third essay (and will be capped at 40%). If a student defers in respect of one or both essays, they may submit one deferred essay and the mark awarded for it will be taken.

Indicative learning resources - Basic reading

There is no set text, but you should consider ensuring you have access to one of the following text books:    

Virgo, G, The Principles of Equity and Trusts (currently 2nd ed. 2016) Oxford University Press

Martin, J., Hanbury and Martin: Modern Equity (currently 20th ed. 2015) Sweet & Maxwell

Moffat, G., Trusts Law, Text and Materials (currently 5th ed. 2015) Cambridge University Press  

Statute Book - e.g. Thomas, M.   Blackstone’s Statutes on Property Law 2017-18, 25^th ed, Oxford University Press  

Key words search

Trusts; powers; express trusts; resulting trusts; constructive trusts; discretionary trusts; secret trusts; charities; non-charitable purpose trusts; unincorporated associations; fiduciary duties; powers of investment; breach of trust; remedies.