LW202-5-SP-CO:
Equity and Trusts
2025/26
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Monday 12 January 2026
Friday 20 March 2026
15
13 May 2025
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLB M100 Law,
LLB M100CD Law,
LLB M100DE Law,
LLB M100LD Law,
LLB M100MD Law,
LLB M100TD Law,
LLB M101 Law (Including Foundation Year),
LLB M107 Law (Including Placement Year),
LLB M107DE Law (Including Placement Year),
LLB M120 Law (Including Year Abroad),
MLAWM199 Law,
MLAWMA98 Law (Including Placement Year),
MLAWMA99 Law (Including Year Abroad),
LLB M123 Licence English and French Law (Double Degree)
In this 15-credit, spring term, module you will study foundational principles governing the law of trusts. You will learn about inter vivos and testamentary private express trusts, trustees’ powers and duties, liability for breach of trust and breach of fiduciary duty, and how trusts might be varied in certain circumstances.
You will engage with the subject matter through an analysis of key concepts and primary sources, and you will be asked to assess likely outcomes in problem-based scenarios.
The tutorials and assessments are designed to enhance your analytical, critical reasoning, and communication skills.
The aims of this module are:
- To foster understanding of the relative roles/functions of settlor, testator, trustee and beneficiary.
- To foster understanding of fully constituted inter vivos and testamentary private express trusts.
- To foster understanding of the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975.
- 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:
- Apply legal reasoning to problem scenarios, identifying missing or ambiguous information, formulating legally logical outcomes, and assessing potential legal consequences.
- Apply relevant concepts and principles to recognise instances where a (private express) trust is fully constituted.
- Demonstrate knowledge of the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975, and how these operate in practice.
- Critically evaluate breaches of fiduciary duty and breach of trustees’ duties, differentiate between personal and proprietary remedies for breach, and identify the most appropriate remedy in specific circumstances.
- Exhibit knowledge and appropriate use of legal terminology.
- Communicate analysis, conclusions and advice clearly, logically and accurately.
Indicitive syllabus;
- 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 hour weekly lecture
- 1 hour fortnightly tutorial
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Quizzes - Continuous Assessment (LW202 Equity) |
|
100% |
| Exam |
Main exam: In-Person, Open Book (Restricted), 180 minutes during Summer (Main Period)
|
| Exam |
Reassessment Main exam: In-Person, Open Book (Restricted), 180 minutes during September (Reassessment Period)
|
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Ms Penelope Brearey-Horne, email: pbrear@essex.ac.uk.
Law Education Office, lawschoolug@essex.ac.uk
Yes
No
Yes
Mrs Pauline Hall
Anglia Ruskin University
Senior Lecturer
Available via Moodle
Of 54 hours, 14 (25.9%) hours available to students:
0 hours not recorded due to service coverage or fault;
40 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
* Please note: due to differing publication schedules, items marked with an asterisk (*) base their information upon the previous academic year.
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