Equity and Trusts

The details
Essex Law School
Colchester Campus
Undergraduate: Level 6
Monday 13 January 2025
Friday 21 March 2025
21 May 2024


Requisites for this module



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 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)

Module description

Equity and Trusts introduces students to foundational principles governing the law of trusts and the contexts in which private express trusts arise.

Module aims

The aims of this module are:

  • To introduce students to foundational principles governing the law of 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 a private express trust.

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

  • To provide opportunities for students to identify legally relevant issues in complex scenarios, apply relevant law, and reach reasoned (evidenced) conclusions.

Module learning outcomes

By the end of the module, students should be able to:

  1. Identify the constituent elements of a fully constituted private express trust and recognise instances where a trust is not fully constituted.

  2. Explain clearly and accurately how the intestacy rules and the Inheritance (Provision for Family and Dependants) Act 1975 operate in practice.

  3. Critically evaluate breaches of fiduciary duty and breach of trustees’ duties.

  4. Differentiate between personal and proprietary remedies for breach, and identify the most appropriate remedy in specific circumstances.

  5. Critically analyse legally relevant issues in a complex scenario.

  6. Critically apply legal principles and rules, identify missing or ambiguous information, consider legally logical outcomes, and critically assess legal consequences in problem scenarios.

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

  8. Understand and use appropriate legal terminology.

Module information

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

Learning and teaching methods

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
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%


Coursework Exam
0% 100%
Module supervisor and teaching staff
Ms Penelope Brearey-Horne, email: pbrear@essex.ac.uk.
Ms Penny Brearey-Horne, Dr Joanna Harwood, Mr Rees Johnson, Dr Francis King
Law UG Education Administrators: lawschoolug@essex.ac.uk



External examiner

No external examiner information available for this module.
Available via Moodle
Of 674 hours, 5 (0.7%) hours available to students:
659 hours not recorded due to service coverage or fault;
10 hours not recorded due to opt-out by lecturer(s).


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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