electiveHQ

This module focuses on the rules relating to the creation and administration of trusts and the role which the trust plays in modern society. A legal comparative approach is adopted in the teaching of this module with full consideration of the leading Irish and English cases and authorities. Topics include: the formalities and essential elements for trust creation; the constitution of trusts, the presumptions applicable to different trust types and the substantive rules relating to the different types of trust. Types of trust covered include express private trusts, secret trusts, resulting trusts, constructive trusts, charitable trusts and purpose trusts. The module will also consider the appointment and removal of trustees, the duties owed by trustees in the course of trust administration and the personal and proprietary remedies available to beneficiaries in the context of breach, in particular the doctrine of tracing.Note that both this module and Law 30600 Equity: History and Doctrines - are required for Law Society and Kings' Inns purposes and for the purposes of those students contemplating qualifying as a solicitor in England and Wales.