Module Information

This module is only available to visiting students who are here for Semester One only.

Students need to study Equity and the Law of Trusts in order to gain exemption from the Law Society and Bar Part I examinations. Trusts are set up for many reasons, for instance joint ownership of the matrimonial home; to avoid the payment of tax; to provide for infants, the elderly or mentally disordered persons; or to protect people from their own excesses or what the settlor perceives to be their excesses. In these cases the trusts are set up deliberately and usually after considerable forethought and advice. In other cases, giving is spontaneous and here the law has to find a framework within which to administer the resulting fund. This occurs when appeals are made following disasters, such as the fire at the Bradford City football ground, when the Zeebrugge ferry sank, or following the oil spillage off the coast of the Shetland Islands. After the murder in Liverpool of the little boy, James Bulger, an appeal was made to help the family overcome the tragedy and for the benefit of the local community. People had been sending money for many days and lawyers had to find a way of handling it and of using it to specific ends. A trust was formed for this purpose. Some of these appeals acquire charitable status, but many do not. This module looks at the definition of charity and the many anomalies in the law. For instance, why are disaster funds often denied charitable status; why was a fund to promote the writing of Joanna Southcote, a woman who believed herself pregnant by the holy ghost, granted charitable status as being for the advancement of religion, but not a fund for the benefit of an enclosed order of Roman Catholic nuns? Why have trusts for some highly eccentric purposes been upheld when no living person could possibly benefit? The role of trusts in promoting public policy and the increasing importance of trusts in commercial law is also considered. The role and availability of equitable remedies will be considered also. Students taking Equity and Trusts should have already studied Land or should be taking that course at the same time. It builds on the skills acquired in land law, but also consolidates and extends them.

2. Trusts for the benefit of persons

(a) Creation of a trust
Capacity
requirement of certainty
Intention to create a trust
formalities
perpetuities

(b) Certainty of beneficiaries
Trusts and Powers
nature of the beneficial interest

(c) Certainty of property

3. Intestacy

4. Charitable Trusts

5. Unincorporated Associations