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. Apply legal reasoning to complex and multi-faceted scenarios, identifying missing or ambiguous information, formulating legally logical outcomes, and assessing potential legal outcomes.


2. Ensure clarity in legal argumentation and exhibit understanding and appropriate use of legal terminology.


3. Demonstrate a comprehensive understanding of the circumstances in which an estoppel arises, identify the constituent elements of different types of trusts, and recognise instances where a trust arises.


4. Demonstrate detailed knowledge of the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975, and how these operate in practice.


5. Critically analyse breaches of fiduciary duty and trustees’ duties, differentiate between personal and proprietary remedies for breach, and identify the most appropriate remedy in specific circumstances.


6. Communicate analysis, conclusions and advice clearly, logically and accurately.

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