Undergraduate

Bachelor of Laws (LLB)

Laws modules

Law of trusts [2660002]

(a) Definition and distinction from other legal concepts. Classification of trusts. Equitable rights and remedies.
(b) Express private trusts. Statutory requirements for creation. Secret trusts. Incompletely constituted trusts. Certainties of a trust. Protective trusts. Discretionary trusts. Purpose trusts.
(c) Charitable trusts. Definition. Distinctions from private trusts. Classification of charitable trusts. Doctrine of cy près.
(d) Implied and resulting trusts. Purchase in the name of another. Joint purchase and joint accounts. Contributions to purchase price. Adding value to another’s property. Mutual wills – both types. Beneficial interest not completely disposed of.
(e) Constructive trusts. General nature. Comparison with proprietary estoppel. The contractual vendor as a constructive trustee. The express trustee as a constructive trustee. Trustee profiting from trust. Remuneration of trustees
(f) The appointment, retirement and removal of trustees. Delegation of trustees’ powers and discretion's.
(g) Trustees’ powers and duties. Investment of trust funds. Maintenance and advancement. Accumulation of income
(h) Variation of trusts.
(i) Remedies for breach of trust. Personal and proprietary remedies. Tracing.
(j) Trustees’ liability for breach of trust. Trustees’ right of indemnity or contribution.
[Note: Questions will not be set on apportionment's (e.g., the rule in Howe v Lord Dartmouth) or on the application of the perpetuity rule but they may be set on the application of the rules against accumulation of income].