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Equity and Trusts Law Dissertation Topic Examples Jurisdictions / Tags

UK Law
2159 words (9 pages) Law Dissertation Topic

3rd Oct 2019 Law Dissertation Topic Reference this In-house law team

Jurisdiction / Tag(s): UK Law

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Equity and Trusts law is an incredibly broad topic area that encompasses a number of different legal fields, such as Related Services
wills/probate and the requirements to be met to create a valid trust.
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services can help you!
1. How has the decision of Harrison v Gibson changed the law on the certainty of
intention? Law Dissertation Topic and Titles
It is established law that, in order to establish a trust, the settlor must satisfy the three certainties: subject matter, Service
intention, and object. Certainty of intention is generally defined as clarity of intention to create a trust as opposed to Law Dissertation Writing Service
a mere gift or moral obligation. Formerly, the nature of the language or words used was examined to in order to
Law Assignment Writing Service
determine whether intention to create a trust existed. Certain precatory terms such as ‘hoping’ and ‘trusting’ were
deemed indicatory of an intention to create a trust. Gradually, the approach of the courts widened and attention was Marking Service
turned to the general circumstance of intention; an approach which had attempted to emerge as early as 1871 in Samples of our Service
Lamb v Eaves. This study will define the law’s current stance on intention, observing the plethora of case decisions
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leading up to and following Harrison v Gibson. How certainty of intention has changed in scope and definition will
be evaluated in order to conclude whether it has been developed in a desirable and appropriate fashion.

Suggested Reading
Hudson, A 2010 Equity and Trusts, 7th edn, Oxon: Routledge-Cavendish.
Davies, JD 1980. ‘Constructive Trusts, Contract and Estoppels: Proprietary and Non Proprietary Remedies for
Informal Arrangements Affecting Land’, Adelaide Law Review, vol. 7, no. 200.
Freelance Writing
Edwards, R & Stockwell, N 2007. Trusts and Equity, 8th edn, Essex: Pearson Longman. Jobs
Penner, J & Padfield, N 2010. The Law of Trusts, 7th edn, New York: Oxford University Press. Looking for a flexible role?
Do you have a 2:1 degree or
2. ‘The doctrine of cy-pres does not do justice to the intentions of the deceased.’ higher?
Discuss.
Apply Today!
The cy-pres doctrine applies to charitable trusts that are considered impossible or are unable to be fulfilled. In such
an event an order may be made by application of the trustee causing the redirection of the trust funds to a purpose
which is as close as possible to the original purpose. This study will explore how the law has dealt with the problem
Study Resources
of determining the intentions of the deceased. As the criteria adopted to determine where and how a trust is to be
redirected have gradually expanded, concerns have been voiced in response to the degree of importance given to Free resources to assist you with
the testator’s original intentions. This study will critically examine exactly ‘how close’ the cy-pres doctrine actually is your legal studies!
to the testator’s original intention.
Dissertation Resources @
UKDiss.com
Suggested Reading
OSCOLA Referencing
Edwards, R & Stockwell, N 2007. Trusts and Equity, 8th edn, Essex: Pearson Longman.
Garton, J 2007. ‘Justifying the Cy-Pres Doctrine’, Trust Law International, vol. 21, no. 3. SQE Study Guide
Moffatt, G & Bean, G 2009. Trusts Law: Text and Materials, 5th edn, Cambridge: Cambridge University Press. Legal Case Summaries

3. Critically examine the courts’ consideration of financial benefit in the context Act Summaries
of trustee powers of investment. Lecture Notes
This study will examine the way in which the courts consider the financial benefit in the form of benefit of Problem Question Examples
beneficiaries in the context of trustee powers of maintenance or investment and advancement and in the utilisation
Law Study guides
of their power of variation of trusts. The study will similarly examine how the judiciary has interpreted and
emphasised the importance of financial benefits to the exclusion of all other considerations. Judicial decisions and UK Law Blog
case law relating to the Trustees Act 1925 will be critically evaluated in order to determine how financial benefit has
been interpreted and applied and whether trustees are merely performing their obligations. It is apparent that
trustees are expected and required to respect the words of the trust when exercising their discretion. Yet this does
not preclude trustees from exercising their power to administer the trust in favour of its beneficiaries who have the
right to intermediary income. Have the courts taken advantage of the ambiguity of legislation, thereby granting
trustees too much power?

Suggested Reading Crazy Law Facts

Hayton & Mitchell, C 2010. Trusts and Equitable Remedies, 13th edn, London: Sweet & Maxwell. Take a look at some weird laws
Panesar, S 2010. Exploring Equity and Trusts, Essex: Pearson Education Limited. from around the world!
Hudson, A 2010. Equity & Trust, 3rd edn, Oxon: Routledge- Cavendish.
22 Crazy Law Facts
4. ‘The decisions of the High Court and the Court of Appeal in Sinclair
Investments (UK) Ltd v Versailles Trade Finance Ltd (In Administration) [2010]
EWHC 1614 (Ch); [2011] EWCA Civ 347 have made the law unclear as to the type
of remedies the court will allow for breach of fiduciary duty.’ Critically discuss
this statement.
A fiduciary duty is commonly defined as a legal or moral relationship of confidence voluntarily entered into between
two or more parties. One of the harshest and most arduous rules in equity; the fiduciary duty demands honesty,
altruism and loyalty. Its demands are inflexible, imposing upon the fiduciary the duty to not make any unauthorised
profit from the trust and to not cause any conflict of interests to arise. Yet what are the consequences of breaching a
fiduciary duty? This study will explore the law’s response to breaches of fiduciary duties and attempt to determine
how the term ‘liable to account’ has been applied and defined in this context. It will ultimately be proposed that the
ambiguity arising from the term when applied to proprietary and personal claims was considerably eased by Sinclair.
Yet how have the remedies fared since the decision?

Suggested Reading
Hayton & Mitchell, C 2010. Trusts and Equitable Remedies, 13th edn, London: Sweet & Maxwell.
Panesar, S 2010. Exploring Equity and Trusts, Essex: Pearson Education Limited.
Hudson, A 2010. Equity & Trust, 3rd edn, Oxon: Routledge- Cavendish.

5. No principle perhaps has greater authority behind it than the general

proposition that a trust, not being a charitable trust, in order to be effective,
must have ascertained or ascertainable beneficiaries.” Re Endacott [1960] Ch. 232,
Lord Evershed M. R. at 246
A purpose trust is a trust in which there exist no beneficiaries; it is therefore deemed unenforceable. Although a
charitable trust does not have any definable beneficiaries, it can be enforced by the Attorney General. This study will
examine the law on charitable trusts in relation to the important role of the beneficiaries and the requirements set by
the courts and legislation in enforcing a charitable trust. How is the distinction made between no beneficiaries and
no definable beneficiaries? How have exceptions to the need for beneficiaries to a trust been devised and are such
exceptions realistic or too many in number? It will ultimately be concluded that, while exceptions to the beneficiary
principle are suitable and in some cases desirable, the courts must be careful to place limits upon the number of
circumstances that can provide for such an exception.

Suggested Reading
Ramjohn, M 2008. Text, Cases and Materials on Equity and Trust, 4th edn, Oxon: Routledge Cavendish.
Mitchell, C 2010. Hayton & Mitchell : Commentary and Cases on the Law of Trust and Equitable Remedies, 13th
edn, London: Sweet & Maxwell.
Pettit, PH 2009. Equity and the Law of Trusts, 11th edn, New York: Oxford University Press.

6. The presumption of resulting trusts and advancement have become defunct in

this modern age and should be abolished.
As society has moved into the twenty-first century, the role of the resulting trust has become a considerably
controversial topic. Many critics have succumbed to the conclusion that they are simply outdated; a ‘thing of the
past’. This study will explore this conclusion, examining the orthodox position of the resulting trust, which does not
require common intention to be formed. Recent attentions have however turned to the claim that common intention
is the core concept of determining whether a resulting trust should be declared. Does the resulting trust offend
principles of personal interest and autonomy? Are resulting trusts indeed not fit for their purpose in modern day
trusts law? These questions will be explored on both a national and international level.

Suggested Reading
Glover, N & Todd, P 1996. ‘The Myth of Common Intention’, Legal Studies, vol. 16, no. 3.
Swadling, WJ 2008. ‘Explaining Resulting Trust’, Law Quarterly Review, vol. 124, no. 72.
Goldstein, S 1997. Equity and Resulting Trusts, Oxford: Clarendon Press.

7. While the law seeks to impose certainty, litigants bring only confusion.
Traditionally, equity and the law of trusts have been concerned with providing
justice to balance out the rigour of the common law. Explain and illustrate this
statement in relation to the development and operation of modern equity.
This study aims to discuss the above statement with specific emphasis on the traditional role equity and trust: that to
provide justice to correct the harshness of the common law. Whether litigants matters presented to equity confuse
the matter will be explored, as well as the effects of such cases upon the law’s need for certainty. Landmark cases will
be discussed and the study will ultimately seek to demonstrate how confusion caused by litigation has affected the
operation and development of modern equity. How has the importance of certainty fared in the light of litigant’s
cases? While on a general level the above statement can be deemed accurate, a closer and more detailed
examination reveals alternative conclusions.

Suggested Reading
Hudson, A 2009. Equity and Trust, 6th edn, Suffolk: Routledge.
Snell, E 2010. Principles of Equity, 30th edn, London: Sweet & Maxwell.
Watt, G 2009. Equity Stirring: the Story of Justice beyond Law, Oxford: Hart Publishing.

8. The any given postulate test still leaves many issues unresolved in relation to
uncertainty of objects under a discretionary trust. Examine this statement in
relation to McPhail v Doulton [1970] 2 All ER 228 and Re Baden No2 [1972] 2 All
ER 1304.
This study will explore the decision of McPhail v Doulton and the test devised therein to determine the uncertainty of
objects under discretionary trusts. The test will be critically evaluated to determine whether criticisms are mistaken as
to its content or scope or whether the test is incomplete.

Suggested Reading
Hudson, A 2009. Equity and Trust, 6th edn, Suffolk: Routledge.
Snell, E 2010. Principles of Equity, 30th edn, London: Sweet & Maxwell.

9. What are the principles on which fully secret and half-secret trusts are
enforced? In what circumstances, if any, is it relevant to consider whether such
trusts are express or constructive?
Concerns surrounding how the law distinguishes between and enforced fully secret and half secret trusts will be
examined in this study which will seek to locate any concrete principles behind this area of trusts law. Are the
principles, if found, a result of developed case law decisions or do they merely represent random concepts? This
study will evaluate these issues and examine the circumstances in which such trusts can be considered constructive
or express.

Suggested Reading
Goldstein, S 1997. Equity and Resulting Trusts, Oxford: Clarendon Press.
Hudson, A 2009. Equity and Trust, 6th edn, Suffolk: Routledge.
Snell, E 2010. Principles of Equity, 30th edn, London: Sweet & Maxwell.

10. Discuss the approach of the courts to trusts espousing political purposes.
Thus far the courts’ approach to trusts espousing political purposes has been rather difficult to encapsulate in a
single term. Its approach has differed over the decades, though it has generally ascribed to the principle that trusts
for charities pursuing political purposes are not valid. Yet how has this approach been developed and upon which
principles is it based? This study will examine case law decisions and statutory provisions in a bid to determine the
approach of the courts to trusts espousing political purposes.

Suggested Reading
Hudson, A 2009. Equity and Trust, 6th edn, Suffolk: Routledge.
Virgo, G 2012. The Principles of Equity and Trusts, New York: Oxford University Press.

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