LW202-6-SP-CO:
Equity and Trusts
2025/26
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 6
Current
Monday 12 January 2026
Friday 20 March 2026
15
18 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
(none)
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 ML26 Law with Politics (Including Foundation Year),
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 MN13 Law with Finance (Including Foundation 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 M1Q4 Law with Literature (Including Foundation Year),
LLB M1Q5 Law with Literature (Including Placement Year),
LLB M1Q6 Law with Literature (Including Year Abroad),
LLB M1V1 Law with History,
LLB M1V2 Law with History (Including Foundation Year),
LLB M1V3 Law with History (Including Placement Year),
LLB M1V4 Law with History (Including Year Abroad)
What is meant by breach of trust? What is required to create a fully constituted express trust? How can a trust be varied or terminated? Study the principles governing the law of trusts. Examine the development of equity, equitable principles and equitable remedies. Analyse the social and legal contexts in which trusts arise.
The aims of this module are:
On successful completion of the module a student should be able to
1. Describe and evaluate the relative roles and functions of settlor, testator, trustee and beneficiary
2. Identify the constituent elements of a fully constituted trust
3. Explain and critique what is meant by: certainties, formalities, effective transfer of title
4. Explain and critique the legal effect of a `a fully constituted trust`
5. Describe how a fully constituted trust might be terminated or its terms varied
6. Describe and evaluate the various powers and duties of trustees, their responsibilities and their liabilities
7. Explain what is meant by `breach of trust`
8. Explain what is meant by `following/tracing`
9. Differentiate between personal and proprietary remedies for breach of trust
10. Identify the most appropriate remedy in a given set of circumstances
The syllabus covers topics such as:
Capacity and the beneficiary principle
The three certainties
Formalities
Constitution
Variation of trusts
Trustees` powers and duties
Breach of trust
Remedies for breach of trust and breach of fiduciary duty
Dishonest assistance & Knowing receipt
Tracing
The module is taught through a close study of relevant statutes and case law.
Students will be expected to read widely and prepare appropriately for all tutorials.
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
Coursework / exam |
Description |
Deadline |
Coursework weighting |
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
No external examiner information available for this module.
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.
Essex Law School
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