Trusts Law

The three certainties required to create a valid express trust, and the differences between fixed interest and discretionary trusts

Legal formalities for creating trusts, constitution of trusts, secret trusts, and exceptions to the beneficiary principle

Fixed interest trusts, discretionary trusts, life interests, and the rule in Saunders v Vautier

Charitable purposes, public benefit, non-charitable purpose trusts, cy-près, and Charity Commission powers

Presumed resulting trusts, presumption of advancement, Quistclose trusts, and the distinction between resulting and constructive trusts

Common intention constructive trusts, quantifying shares, and proprietary estoppel

Knowing receipt and dishonest assistance — when third parties can be liable for breach of trust

Nature of fiduciary relationships, key duties (no profit, no conflict, no purchase of trust property), and remedies for breach

Appointment and removal of trustees, statutory duty of care, investment duties, and key powers

Breach of trust, measures of liability, trustee protection, limitation periods, and variation of trusts

Equitable remedies (injunction, specific performance, rescission, rectification, account of profits) and tracing in equity