Undergraduate Module Descriptor

LAW3041B: Trusts

This module descriptor refers to the 2021/2 academic year.

Module Aims

The aims of the module are:

 

  • To achieve a critical understanding of the general principles of the law of Trusts, both in their own right and within the wider context of property law, and to do so by concentrating on selected topics which are studied in depth.

 

  • To achieve flexibility in the study of Trusts law, and selectivity within the considerable amount of material, so that problems in Trusts law can be correctly identified and addressed succinctly and accurately with full legal authority.

Intended Learning Outcomes (ILOs)

This module's assessment will evaluate your achievement of the ILOs listed here – you will see reference to these ILO numbers in the details of the assessment for this module.

On successfully completing the programme you will be able to:
Module-Specific Skills1. demonstrate detailed, comprehensive knowledge of the law of Trusts and a substantial range of major concepts, values and principles relevant to its application;
2. compare, analyse and synthesise the principal rules and theories relating to the law of Trusts;
3. select and assess appropriate techniques of evaluation and evaluate selected aspects of the law of Trusts critically.
Discipline-Specific Skills4. demonstrate detailed, comprehensive knowledge and understanding of a range of complex and technical legal concepts and principles;
5. define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them;
6. select, integrate and present, coherently and reflectively, relevant law and legal/theoretical arguments.
Personal and Key Skills7. demonstrate engaged, effective and accurate communication skills in a manner appropriate to the discipline / different contexts;
8. identify, retrieve and use efficiently a range of resources with minimum guidance;
9. demonstrate the ability to interact effectively and proactively within a team / learning group and to share information and ideas, and to manage conflict;
10. demonstrate the ability to work independently, within a limited time frame, to complete a specified task.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

 

  • Private Trusts: Introduction; historical contextualisation; Distinction of trusts from other legal concepts; Creation of trusts; Formalities; Discretionary trusts.

 

  • Trusts Administration: Introduction to Trusteeship; Remuneration of trustees; Duty to maintain equality between beneficiaries; Investment; Powers of maintenance and advancement.

 

  • Other Trust Matters: Implied and Resulting trusts; Constructive trusts; Breach of Trust; Personal Remedies and Tracing;

 

  • Charities: Different forms of charity; Charities Act 2006 and the work of the Charity Commission and Charity Tribunal; Charitable nature; Disqualifying factors; Public benefit; Regulation of charities; Cy Pres doctrine.

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
552450

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activity5522 x 2.5 hour seminars
Guided Independent Study88Seminar preparation
Guided Independent Study32Formative assessment preparation
Guided Independent Study62Summative assessment preparation
Guided Independent Study63Individual reading preparation

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

ELE – http://vle.exeter.ac.uk/

All handouts and related materials will be put up throughout the year by the module co-ordinator on an ELE Trusts site. This site will also be used at the discretion of the individual lecturers for distribution of slides, and tests.

Other Learning Resources

Comprehensive bound module materials written by the lecturers as described above.