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Trusts
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An introduction to trusts
Creation and requirements of express trusts
5 Topics
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the three certainties of intention, subject matter and objects in fixed interest trusts
the three certainties of intention, subject matter and objects in discretionary trusts
formalities to create express inter vivos trusts
constitution of express inter vivos trusts
Exceptions to the rule that equity will not assist a volunteer
Beneficial entitlement
2 Topics
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fixed, discretionary, vested, contingent interests
the rule in Saunders v Vautier
The distinction between charitable trusts and non-charitable purpose trusts
Resulting trusts
1 Topic
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how resulting trusts arise and when they are (or are not) presumed.
Trusts of the family home
4 Topics
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establishment of a common intention constructive trust: legal title in the name of both parties/sole party
establishment of a common intention constructive trust: express declaration or agreement as to equitable ownership
establishment of a common intention constructive trust: direct and indirect contributions
requirements to establish proprietary estoppel
Liability of strangers to the trust
2 Topics
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establishing recipient liability
establishing accessory liability
The fiduciary relationship and its obligations
3 Topics
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duty not to profit from fiduciary position
trustees not to purchase trust property
fiduciary not to put himself in a position where his interest and duty conflict
Trustees
6 Topics
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who can be a trustee
appointment, removal and retirement of trustees
trustees’ duty of care
trustees’ duty to invest (and powers in relation to investment)
trustees’ statutory powers of maintenance and advancement
fiduciary duties
Trustees’ liability
4 Topics
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breach of trust
measure of liability
protection of trustees
limitation period
The nature of equitable remedies
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Remedies
Remedies against trustees – personal claims
