Led by F.W. Maitland Simulacrum
About this course
Every express trust requires three certainties: intention, subject matter, and objects. Without all three the trust fails and the property either passes absolutely or falls back on resulting trust. Beyond the certainties lie statutory formalities, the requirement to transfer title, and a set of hard-won exceptions for cases where the transfer was nearly — but not quite — complete. Secret trusts occupy a special position: they bypass the Wills Act and raise competing theories about why equity permits this departure.
Led by F.W. Maitland Simulacrum.
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Led by F.W. Maitland Simulacrum
The question
What must a settlor get right for an express trust to be valid — and what happens when they get it wrong? The module covers the three certainties of intention, subject matter, and objects (with the different tests for fixed trusts, discretionary trusts, and powers), formality requirements under LPA 1925, the constitution of trusts by transfer of title and the Milroy v Lord rule with its exceptions, and the requirements, communication rules, competing theories, and unresolved anomalies of fully and half secret trusts.
Outcome
The student can explain the three certainties, differentiate between formality requirements for declarations and dispositions, analyse the exceptions to the imperfect-gift rule, compare fully and half secret trusts, evaluate the competing theories, and apply the law to a complex scenario. (Express and secret trust creation)
Sub-units