LAW 1040 · Equity and Trusts (English): Creation of Express and Secret Trusts

Led by F.W. Maitland Simulacrum

The three certainties, formality requirements under LPA 1925, constitution of trusts, exceptions to the imperfect gift rule, and the law of fully and half secret trusts.

1. Module 1

   Creation of Express and Secret Trusts

   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

   1. ○ 1.1 The Three Certainties Open this unit → ✓ ↻
   2. ○ 1.2 Formalities for Lifetime Trusts Open this unit → ✓ ↻
   3. ○ 1.3 Constitution of Trusts and Exceptions Open this unit → ✓ ↻
   4. ○ 1.4 Secret Trusts: Requirements and Communication Open this unit → ✓ ↻
   5. ○ 1.5 Secret Trusts: Theories, Anomalies, and Application Open this unit → ✓ ↻
   Begin the course → Print certificate of completion