Introductory description

This module studies and evaluates the practical application of trusts in a variety of contexts. It considers how this device can be used - and abused - for such ends as: tying up family property over generations; tax planning; controlling the investment activities of financial institutions; and facilitating commercial transactions. It also considers situations in which trusts are created by operation of law, rather than deliberately by the parties involved, in order to prevent injustice.

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

This is an indicative module outline only to give an indication of the sort of topics that may be
covered. Actual sessions held may differ.

Particular topics will vary each year depending on staff expertise and interests, but indicative
topics include:

1. The Nature of the Beneficial Interest
2. Public Policy and the Express Private Trust in Estate Planning
3. The Settlor Drops Backs In
4. Controlling Trustee Discretion
5. The Trust as an Investment Device
6. The Trust as a Security Device
7. Resulting Trusts & Constructive Trusts
8. Offshore Jurisdictions

Learning outcomes

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

• Understand the relationship between the settlor, the trustee and the beneficiary, and the various theories explaining their respective rights
• Understand the nature and use of express, resulting and constructive trusts
• Identify the social spheres within which express, resulting and constructive trusts operate
• Understand a range of commercial uses of the express private trust
• Apply, with independent thought, subject knowledge and contextual skills both to unfamiliar legal problems and social contexts
• Understand the relationship between legal, social political and economic influences upon the nature and functions of different trusts in different contexts
• Demonstrate an ability to work independently and to organise time appropriately; to handle information sources with confidence
• Locate and use primary and secondary sources of English and Commonwealth trusts law
• Understand the nature of offshore trusts and the options available to settlors in a range of jurisdictions

Indicative reading list

Reading lists can be found in Talis

Specific reading list for the module

Research element

Students will conduct research into legal cases, academic literature and other source material
required for analysis of the topics covered within the module

Interdisciplinary

Some consideration of social, economic and political issues related to the module content may be
required

International

Comparison of and reference to other legal jurisdictions will be made within the module.

Subject specific skills

Analysis of factual situations and critical evaluation of issues identified by means of (a)
independent judgement; (b) synthesis of other approaches derived from relevant literature and/or
expertise

Transferable skills

Problem solving
Critical analysis
Written and oral presentation
Collaborative working