C/L/294. Fame Finance Company: law case study

The paper deals with the tracing of funds in English trust and security law, advising three separate parties on the issues arising in the case study.

C/L/186. Beneficiary principle in trusts

The paper looks at the purpose of the beneficiary principle in the law of equity applied to trusts. The role of a beneficiary, i.e. an enforcer for the trust, is examined in connection with trusts for people and trusts for purposes. Related judicial literature is reviewed with reference to case studies.

C/L/147. CHARITABLE TRUSTS

This assignment is a problem question and addresses issues in relation to charitable trusts. It discusses what makes a valid charitable trust, in particular religious charitable trusts, the assignment then concludes by discussing whether or not the position will change following the introduction of the Charities Act 2006.

C/L/131. Law of Succession: the case analysis

The following essay looks at a case study scenario that deals with the law of succession. It crosses the ambit of wills, intestacy and partial intestacy. In addition it considers the administration and distribution of an estate that has a will, but enters partial intestacy because the residuary beneficiary predeceases the testator. Then it deals with the inequalities surrounding the division of property when there are co-habitees of different sexes and same sexes; as well as separated but not divorced or judicially separated couples.

S/L/111. "The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters". Is Ashburner's metaphor still true of the modern law of equity?

This paper examines the development of the modern law of equity, considering the historical background, its relationship with the common law, and the extent to which the two jurisdictions of equity and common law have fused. It covers - much academic comment on the issue, case law developments, the Judicature Acts, and an analysis and evaluation of Ashburner's view that the two jurisdictions run side by side but are still distinct areas of law.

C/L/118. Law of Equity and Trusts: the provisions of a will

This essay goes through the provisions of a will and states how they are explained under the law of equity and trusts. It deals with the three certainties, the difference between fixed and discretionary trusts and the issue of administrative unworkability.

E/L/25. Equity and trust

The paper examines the case of bequests made in the will arguing whether they can take effect as trusts for charitable purposes. The description of the case is presented; related acts and cases are reviewed.

P/L/159. Beneficiary principle in modern trusts law

The paper examines the beneficiary principle in contemporary trusts law discussing its distinctive features (enforcement, ownership, etc), the test for certainty of objects (discretionary trusts), etc. The importance of the beneficiary principle is highlighted and illustrated with examples of law cases.

S/L/72. 'The adoption of the new definition of charity recommended in the Strategy Unit Report (2002) would make little difference to the current law. The Report seeks to address a number of matters that are largely points of detail relating to the existing definition. The Report fails to grasp the wider issues of whether the law should permit the creation of non-charitable public purpose trusts and whether tax privileges should continue automatically to follow charitable status'. Discuss

This paper examines whether adoption of the new definition of charity recommended in the Strategy Unit Report (2002) ['Private Action, Public Benefit: A Review of Charities and the Wider Not-For Profit Sector -2002'] would make a dramatic difference to the current law. The paper highlights that the Report seeks to alleviate certain existing barriers and anomalies induced by the current definition of 'charity' which is intended to give trustees more freedom and flexibility to operate the charity. However, the paper also discusses that the proposals fail to address the deeper deficit in the current law of charities concerning the unjust position of non-charitable public purpose trusts and the conjoined charitable validity and fiscal immunity of other purpose trusts, which many fail to recognise as two branches of the same problem.

S/L/65. Secret Trusts: "For the prevention of fraud equity fastens on the conscience of the legatee a trust which would otherwise be inoperative"

This essay discusses the above statement and explains the problems the approach creates, the nature of the fraud referred to, and whether it is sufficient justification for the acknowledgement of both fully and half secret trusts. This essay also considers further justifications for the acknowledgement of secret trusts, namely the dehors theory and the probate doctrine of incorporation by reference, and expatiates on the Courts view as to whether secret trusts are express trusts, or constructive trusts

C/L/77. Problem Question on Equitable Tracing and Trust Instruments

This problem analysis considers the importance of Quistclose Trust (also known as specific purpose trusts) as well as forms of tracing, constructive, resulting and common intention constructive trusts. A consideration of all the most important trust instruments with regards to the facts of the scenario in question. Detailed analysis of the law of equity via academic views, journals and personal accounts.

S/L/58. Law of Equity and Trusts Assignment

This essay looks at a will and talks about whether each provision has validly created a trust and if so, how. Looks at fixed and discretionary trusts, the three certainties, etc.

C/L/64. Types of Constructive Trusts and Their Justification

This work examines and evaluates common and differentiating justifications of constructive trusts. It covers situations of property ownership and under which circumstances the constructive trust was held to arise as well as considering situations where the stranger to the trust gets involved and used his position to his advantage; it then mentions the situations where the person tries to benefit from the trust by killing. However the pivotal point of this essay is not to describe in detail all of the above situations and what rules apply for the establishment of the constructive trust in each case. It is a work that analyses the differences in justifications of constructive trust in each case and the difficulties which such justification create.

P/L/77. Drafting and executing wills in UK

The paper looks at the UK legislation related to the execution of wills focusing on the formalities of drafting a valid will. The possibilities and implications of challenging the validity of a will are discussed. The requirements of minuting Trustees meetings are highlighted. The tax position of both settler and trustees are commented on.

P/L/62. Trusts and the concept of certainty

The paper deals with legal aspects of the trust as a form of obligation in English Law. The concepts of legal title, equitable title, trustee, etc. are defined. Various classifications of trusts are presented; the test known as the 'three certainties' is described and supplied with references to individual cases. The powers of discretionary trusts are outlined and illustrated with examples.

P/L/45. Judicial issues of secret trusts: justification and classification

The paper looks at secret trusts as the means to determine who benefits from the property outside the terms of the will. The author points out that there is no judicial explanation of secret trusts and outlines several justifications for their existence and a classification into types and subtypes. The paper concludes that there are issues that require resolution and must be addressed.

S/L/35. The Trust in English Law.

This essay looks at what a trust is and what its principal applications are. It looks at the historical advance of the trust and as it stands in our legal system today. It discusses the modern functions of a trust, including those created for the purposes of charity, marriage protection or to manipulate the control of a company. Its general tone is that the English trust was and remains one of the most useful things to emerge from our legal system.

S/L/26. Secret Trusts

This essay looks at the notion of the secret trusts. This concept will be juxtaposed with the notions of resulting trust, express trust and the constructive trust. The analysis will follow onto discuss the courts position in light of a secret trust.

C/L/19. Problem question on fiduciary duties; resulting and constructive trusts; informal trusts to land.

As can be seem from the title this essay is a long answer to the problem in question. The first essay evaluates, through application of the relevant case law, whether there had been a breach of fiduciary duty on the part of one party who contrary to the provisions of the contract had decided to sell the product to someone else. It also examines the nature of the relationship and what are the available remedies for breach of fiduciary duty. The second answer examines whether there had been any trust (resulting or constructive) created between the parties in question. This is important for the answer as only after it will be established that there was a trust will it be possible to say whether the person in question has to keep or return the goods to the customer. The third answer deals with the problem of common intention constructive trusts in relation to registered land under the Land Registration Act 2002.

C/L/15. Informal Trusts to Land

This is an answer to the problem question involving an unmarried couple who have purchased a number of things; a flat, the mill, and a car and broke up thereafter. The money contributions towards each purchase were uneven. The problem therefore requires analysis of resulting trust principles, common intention constructive trust principles under the rule in Rosset; in order to determine who has what rights to the flat, the mill and the car and how the size of their share is to be calculated.

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