Module Directory

In this module, you will study principles governing the law of trusts. In the autumn term, you will learn about the development of equity, equitable principles and equitable remedies, and some of the social and legal contexts in which trusts arise. In the spring term, you will learn about inter vivos and testamentary private express trusts, trustees’ powers and duties, and liability for breach of trust and breach of fiduciary duty.

You will engage with the subject matter through an analysis of key concepts, primary sources, and judicial and academic debate. Tutorials and assessments are designed to enhance your reflective, analytical, critical reasoning, and communication skills.

The aims of this module are:

• To introduce students to foundational principles governing the law of equity and trusts and to foster understanding of the social and legal contexts in which trusts arise.


• To foster understanding of the relative roles/functions of settlor, testator, trustee and beneficiary.


• To foster understanding of the constituent elements of different types of trusts (charitable trusts, constructive trusts, resulting trusts, private express trusts, trusts of imperfect obligation).


• To foster understanding of the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975.


• To foster understanding of the equitable doctrine of proprietary estoppel.


• To foster understanding of the duties, powers and liabilities of trustees.

By the end of this module, students will be expected to be able to:

1. Understand the categorisation of interests in land and their characteristics.


2. Explain the difference between common law and equity, and the role of trusts of land.


3. Analyse and apply legal principles, rules and concepts to resolve complex disputes related to land, interpreting case law and legislation effectively.


4. Critically evaluate how law balances competing tensions between the need for certainty in conveyancing and for achieving social justice.


5. Extract and synthesise relevant information from diverse legal sources and demonstrate the ability to produce coherent and structured legal arguments.


6. Manage workload efficiently, independently conducting research, writing, and legal analysis, and critically apply the law to new scenarios.

Indicitive syllabus

Autumn term:

• History of Equity


• Equitable maxims


• Critical thinking & evidence-based thinking


• Classification of trusts


• Types of trust


• Charities Law


• Essay writing skills


• IRAC


• Resulting & constructive trusts


• Remedies & Estoppel

Spring term:

• Capacity & the beneficiary principle


• The three certainties


• Formalities


• Constitution


• Variation of trusts


• Fiduciary duties


• Breach of fiduciary duty


• Trustees' powers and duties


• Breach of trust


• Liability for breach of trust


• Appointment & Removal of trustees

This module will be delivered via:

• 2 hours lectures each week
• 1 hour tutorial every fortnight