LW202-6-SP-CO:
Equity and Trusts

The details
2025/26
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 6
Current
Monday 12 January 2026
Friday 20 March 2026
15
13 May 2025

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

LLB M103 Law (Senior Status),
LLB MM20 Law with Human Rights,
LLB MM20WS Law with Human Rights,
LLB MM21 Law with Human Rights (Including Year Abroad),
LLB MM22 Law with Human Rights (Including Placement Year),
LLB MM30 Law with Human Rights (Including Foundation Year),
LLB MV06 Law with Philosophy (Including Foundation Year),
LLB MV16 Law with Philosophy,
LLB MV18 Law with Philosophy (Including Year Abroad),
LLB MV19 Law with Philosophy (Including Placement Year),
LLB ML14 Law with Politics (Including Year Abroad),
LLB ML15 Law with Politics (Including Placement Year),
LLB ML16 Law with Politics,
LLB MN00 Law with Business,
LLB MN01 Law with Business (Including Year Abroad),
LLB MN02 Law with Business (Including Placement Year),
LLB MN03 Law with Business (Including Foundation Year),
LLB MN10 Law with Finance,
LLB MN11 Law with Finance (Including Year Abroad),
LLB MN12 Law with Finance (Including Placement Year),
LLB MM00 Law with Criminology,
LLB MM01 Law with Criminology (Including Year Abroad),
LLB MM02 Law with Criminology (Including Placement Year),
LLB MM03 Law with Criminology (Including Foundation Year),
LLB M1Q3 Law with Literature,
LLB M1Q5 Law with Literature (Including Placement Year),
LLB M1Q6 Law with Literature (Including Year Abroad),
LLB M1V1 Law with History,
LLB M1V3 Law with History (Including Placement Year),
LLB M1V4 Law with History (Including Year Abroad)

Module description

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.

Module aims

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.

Module learning outcomes

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



  1. Critically analyse legally relevant issues in a complex and multi-faceted scenario, identifying missing or ambiguous information, formulating legally logical outcomes, and assessing potential legal consequences.

  2. Demonstrate a comprehensive understanding of the circumstances in which a (private express) trust is fully constituted.

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

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

  5. Exhibit understanding and appropriate use of legal terminology.

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

Module information

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

Learning and teaching methods

This module will be delivered via:

  • 2 hour lectures each week
  • 1 hour fortnightly tutorial

Bibliography*

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

Coursework Exam
10% 90%

Reassessment

Coursework Exam
0% 100%
Module supervisor and teaching staff
Ms Penelope Brearey-Horne, email: pbrear@essex.ac.uk.
Law Education Office, lawschoolug@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Mrs Pauline Hall
Anglia Ruskin University
Senior Lecturer
Resources
Available via Moodle
Of 26 hours, 14 (53.8%) hours available to students:
0 hours not recorded due to service coverage or fault;
12 hours not recorded due to opt-out by lecturer(s), module, or event type.

 

Further information
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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