Blueprints: Equity and Trusts

Cover
Contents
Tables of cases and statutes
Acknowledgement
How to use this guide
What is a Blueprint?
Introduction
Study skills
Part 1 Equity: general principles
	1 Nature of equity
		Setting the scene
		WHAT DOES EQUITY DO?
		HOW AND WHY DID EQUITY DEVELOP?
		EQUITY AND COMMON LAW
		EQUITY TODAY
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	2 Equitable remedies and doctrines
		Setting the scene
		MAIN PRINCIPLES ON WHICH EQUITABLE REMEDIES ARE GRANTED AND WITHHELD
		INJUNCTIONS
		FREEZING ORDERS
		SEARCH ORDERS
		SPECIFIC PERFORMANCE
		EQUITABLE DAMAGES
		RESCISSION
		RECTIFICATION
		EQUITABLE DOCTRINE: UNDUE INFLUENCE
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
Part 2 Trusts: nature of a trust and creation of express trusts
	3 The concept of a trust
		Setting the scene
		WHAT IS A TRUST?
		ESSENTIAL CHARACTERISTICS OF A TRUST
		ORIGIN OF THE TRUST
		MAIN USES TO WHICH TRUSTS ARE PUT TODAY
		THE CONCEPT OF EQUITABLE OWNERSHIP
		THE EQUITABLE PROPRIETARY INTEREST
		TRUSTS AND CONTRACTS
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	4 Creating the trust: certainties
		Setting the scene
		INTRODUCTION
		CERTAINTY OF INTENTION: IS THERE A TRUST?
		CERTAINTY OF SUBJECT MATTER: IF THERE IS AN INTENTION TO CREATE A TRUST, THEN WHAT IS IT OF?
		THE APPROACH IN HUNTER V. MOSS
		CERTAINTY OF OBJECTS AND TRUSTS
		CERTAINTY OF OBJECTS AND POWERS OF APPOINTMENT
		TRUSTS AND THE RULES CONCERNING REMOTENESS OF VESTING
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	5 Creating the trust: formalities
		Setting the scene
		INTRODUCTION
		DECLARATION OF A TRUST OF LAND OR OF AN INTEREST IN LAND
		DISPOSITIONS OF EQUITABLE INTERESTS
		OPERATION OF SECTION 53(1)(B) AND SECTION 53(1)(C)
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	6 Completely and incompletely constituted trusts
		Setting the scene
		INTRODUCTION
		WHAT DOES THE TERM ‘COMPLETELY CONSTITUTED’ MEAN?
		WHEN IS A TRUST COMPLETELY CONSTITUTED?
		TWO SITUATIONS WHERE EQUITY RELAXES THE RULES ON CONSTITUTION OF A TRUST
		INCOMPLETELY CONSTITUTED TRUSTS: WHAT IS AN INCOMPLETELY CONSTITUTED TRUST?
		CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
		EXCEPTIONS TO THE RULE THAT EQUITY WILL NOT PERFECT AN IMPERFECT GIFT
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	7 Creating the trust: secret and half secret trusts; mutual wills
		Setting the scene
		INTRODUCTION: AN OUTLINE OF THE LAW OF WILLS
		SECRET AND HALF SECRET TRUSTS
		REQUIREMENTS FOR THE VALIDITY OF A SECRET TRUST
		REQUIREMENTS FOR THE VALIDITY OF A HALF SECRET TRUST
		BASIS ON WHICH EQUITY ENFORCES SECRET AND HALF SECRET TRUSTS
		SECRET AND HALF SECRET TRUSTS AND THE FORMALITIES REQUIRED FOR THE MAKING OF WILLS
		SECRET AND HALF SECRET TRUSTS IN SITUATIONS OTHER THAN WILLS
		OTHER RULES APPLICABLE ONLY TO HALF SECRET TRUSTS
		QUESTIONS APPLICABLE TO BOTH SECRET AND HALF SECRET TRUSTS
		MUTUAL WILLS
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
Part 3 Resulting trusts, constructive trusts, trusts of the home
	8 Resulting trusts
		Setting the scene
		WHAT IS MEANT BY A RESULTING TRUST?
		SITUATIONS WHERE A RESULTING TRUST CAN ARISE
		BASIS OF THE RESULTING TRUST
		PURCHASE OF PROPERTY IN THE NAME OF ANOTHER OR IN THE JOINT NAMES OF THE PURCHASER AND ANOTHER
		REBUTTING THE PRESUMPTION OF ADVANCEMENT
		THE QUISTCLOSE TRUST
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	9 Constructive trusts; proprietary estoppel
		Setting the scene
		INTRODUCTION
		CONSTRUCTIVE TRUSTS
		FIDUCIARIES AND CONSTRUCTIVE TRUSTS
		WHERE A STATUTE HAS BEEN USED AS AN ENGINE OF FRAUD
		THE REMEDIAL CONSTRUCTIVE TRUST
		PROPRIETARY ESTOPPEL
		UNJUST ENRICHMENT
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	10 Trusts of the home
		Setting the scene
		INTRODUCTION
		THE DEVELOPMENT OF THE LAW UNTIL STACK V. DOWDEN
		THE PRESENT LAW
		APPROACHES OF OTHER JURISDICTIONS
		THE FUTURE OF THE LAW ON TRUSTS OF THE HOME
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
Part 4 Trusts for purposes
	11 Charitable trusts
		Setting the scene
		INTRODUCTION
		TYPES OF CHARITABLE ORGANISATIONS
		REGISTRATION AS A CHARITY
		CHARITABLE PURPOSES RECOGNISED UNDER THE CHARITIES ACT 2011
		CHARITABLE PURPOSES UNDER THE CHARITIES ACT 2011 IN DETAIL
		THE REQUIREMENT THAT CHARITIES MUST BE FOR THE PUBLIC BENEFIT
		POLITICAL TRUSTS
		THE OBJECTS OF THE TRUST MUST BE EXCLUSIVELY CHARITABLE
		FAILURE OF CHARITABLE GIFTS
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	12 The beneficiary principle and non-charitable-purpose trusts
		Setting the scene
		INTRODUCTION
		WHY ARE TRUSTS FOR NON-CHARITABLE PURPOSES GENERALLY HELD TO BE VOID?
		VALID NON-CHARITABLE-PURPOSE TRUSTS AND THE RULE AGAINST INALIENABILITY
		TRUSTS EXPRESSED FOR A PURPOSE BUT WHICH ARE REALLY FOR THE BENEFIT OF INDIVIDUALS
		GIFTS TO UNINCORPORATED ASSOCIATIONS
		DISPOSAL OF SURPLUS FUNDS OF UNINCORPORATED ASSOCIATIONS
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
Part 5 Management of trusts and breach of trust
	13 Trusteeship
		Setting the scene
		TRUSTEES: WHO CAN BE ONE AND HOW ARE THEY APPOINTED?
		PROTECTION OF PURCHASERS
		DUTIES AND POWERS OF TRUSTEES
		EXERCISE OF TRUSTEES’ DISCRETION
		POWER OF DELEGATION
		FIDUCIARY NATURE OF TRUSTEESHIP
		PARTICULAR POWERS OF TRUSTEES
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	14 Duty of investment
		Setting the scene
		WHAT IS AN INVESTMENT?
		STATUTORY INVESTMENT POWERS UNDER THE TRUSTEE ACT 2000
		APPLICATIONS TO THE COURT FOR WIDER INVESTMENT POWERS THAN THOSE IN THE TRUST INSTRUMENT
		MEASURE OF LIABILITY OF TRUSTEES FOR BREACH OF THEIR DUTY TO INVEST TRUST FUNDS PROPERLY
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	15 Management of changes to the beneficial entitlement
		Setting the scene
		POWERS OF MAINTENANCE AND ADVANCEMENT
		RELATIONSHIP BETWEEN STATUTORY POWERS AND POWERS CONTAINED IN THE TRUST INSTRUMENT
		POWER OF MAINTENANCE
		POWER OF ADVANCEMENT
		REFORM IN THIS AREA
		VARIATION OF TRUSTS
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
	16 Breach of trust and remedies
		Setting the scene
		INTRODUCTION
		REMEDIES OF THE BENEFICIARY: A SUMMARY
		PERSONAL REMEDIES
		REMEDIES AGAINST THIRD PARTIES
		TRUSTEE DE SON TORT
		TRACING
		LIABILITY OF INDIVIDUAL TRUSTEES
		EXEMPTION CLAUSES AND TRUSTEES
		PROTECTION OF TRUSTEES
		KEY POINTS
		CORE CASES AND STATUTES
		FURTHER READING
Glossary
Index