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Summary Complete Equity & Trusts Problem Question Structure

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Summary Complete Equity & Trusts Problem Question StructureSummary Complete Equity & Trusts Problem Question StructureSummary Complete Equity & Trusts Problem Question StructureSummary Complete Equity & Trusts Problem Question Structure

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Summary Complete Equity & Trusts
Problem Question Structure



OVERVIEW
Equity and Trusts problem questions typically require students to:

1.​ Identify the parties involved
2.​ Determine whether a valid trust has been created
3.​ Analyze the nature of the trust (express, resulting, constructive)
4.​ Assess the duties and powers of trustees
5.​ Consider potential breaches and remedies
6.​ Apply relevant case law and statutory provisions




STEP 1: INITIAL ANALYSIS – SCANNING THE
QUESTION

A. Identify the Parties

●​ Settlor/Testator – Creates the trust
●​ Trustee(s) – Holds legal title and manages trust property
●​ Beneficiary(ies) – Holds equitable interest
●​ Third parties – Banks, solicitors, other entities involved

,B. Identify the Assets

●​ Real property (land, buildings)
●​ Personal property (chattels, cash, shares)
●​ Intangible property (intellectual property, debts)


C. Identify the Type of Trust

Trust Type Key
Characteristics

Express Private Intentionally created
Trust by settlor;
beneficiaries
identified/identifiabl
e; certain subject
matter; valid
constitution

Charitable Trust For charitable
purposes; public
benefit; charitable
status recognized

Resulting Trust Arises by operation
of law; based on
presumed intention
(purchase money,
voluntary
conveyance, failure
of express trust)

, Constructive Imposed by law to
Trust prevent unjust
enrichment; no need
for intention

Statutory Trust Created by statute
(e.g., Trusts of Land
and Appointment of
Trustees Act 1996)




STEP 2: VALIDITY OF EXPRESS TRUSTS – THE
THREE CERTAINTIES

The "Three Certainties" Test (Knight v Knight (1840))

A. Certainty of Intention

Test: Did the settlor intend to create a trust rather than make a gift or
moral obligation?

Key Cases:

Case Principle

Paul v Constance Informal words can
(1977) create a trust if
intention is clear –
"this money is as
much yours as mine"

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