MODULE HANDBOOK

EQUITY & TRUSTS (LAW-0793)

ACADEMIC YEAR 2022/23

Contents

1. Welcome message from your Module Leader.......................................................................2

2. Key contacts.......................................................................................................................... 2
3. Module details and learning outcomes..................................................................................2
4. Employability......................................................................................................................... 3
5. Schedule of teaching and learning activities.........................................................................4
6. Assessment........................................................................................................................... 5
7. Resit assessments................................................................................................................ 7
8. Reading recommendations................................................................................................... 7
9. Additional module information............................................................................................... 8
10. Changes to the module........................................................................................................... 8

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1. Welcome message from your Module Leader

Welcome to the Equity and Trusts law module. This handbook provides
essential information about this module including the aims and learning
outcomes, the schedule of teaching and learning activities, assessment tasks,
reading recommendations and, if applicable, any additional resources that you
will need. Please read it at the start of term so you are aware of key details and
important dates.

2. Key contacts
The list below provides contact details of the module team.

Co-Module Leader: Dr Rob Amos

Location:
Email:
Office hours:

Co-Module Leader: Monika Baronak-Atkins

Location:
Email:
Office hours:

Module Tutor: Salim Baba

Email:
Office hours:

3. Module details and learning outcomes

Host Faculty: Faculty of Liberal Arts and Sciences
Host School: School of Law & Criminology
Number of Credits: 30 credits
Term(s) of delivery: Terms 1 and 2
Site(s) of delivery: Greenwich Maritime Campus
Pre-requisite modules/Co-requisite modules: levels 4 and 5

Aims:
To provide the student with an in-depth understanding of equitable principles
and a sound knowledge of the law of private and public trusts. In particular, the
student should acquire an ability to critically evaluate principles and doctrines
and be able to apply them appropriately to given factual situations in the form of
advice and legal opinion. In addition, the student will be encouraged to research
independently and identify relevant factual data and legal material in providing
appropriate answers to legal problems both orally and in writing.
Learning Outcomes:
1. To show an in-depth understanding of Equity as a body of rules and
principles providing a supplement or corrective to the Common Law
2. To show a comprehensive and detailed knowledge of the law of private

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 and public trusts, including:
• The formation and constitution of private trusts
• Charitable trusts as a means of providing for social and public
needs
• Implied trusts, resulting and constructive trusts
• Purpose trusts as a means of providing benefits for non-charitable
objects
• Secret trusts as a method of disposing of assets on death without
compliance with the legal requirements of a will
• Tracing in equity as a proprietary remedy available to beneficiaries
seeking to follow trust assets into the hands of third-party
recipients
3. To acquire the ability to analyse critically equitable principles and
doctrines and apply them correctly in giving legal advice orally and by
way of a written legal opinion.
4. To identify relevant factual information in formulating sound legal advice.
5. To research independently and identify relevant material in providing
appropriate answers to legal problems.
6. To write clearly, succinctly and accurately in the format of a piece of legal
advice.
Glossary:
A pre-requisite module is one that must have been completed successfully
before taking this module.
A co-requisite module is one that must be taken alongside this module.
A learning outcome is a subject-specific statement that defines the learning to
be achieved through completing this module.

4. Employability
The employability skills element of the course focuses on the assessment
requiring students to produce a written legal opinion covering a number of
topics. The assessment is designed to test a number of legal skills including:
1. The handling of factual data, selecting material that is legally relevant
2. Identifying the legal issues that require consideration
3. Selecting appropriate authorities that will enable a resolution of those
issues
4. Writing and arguing rationally, coherently and succinctly
5. Carrying out independent legal research in the library and online
6. Using proper citation of cases and statutes, as well as textbooks and
articles

During the term, students are given a workshop on opinion writing. Essential
reading and a specimen opinion are also provided. The course, therefore,
encourages a practical approach to problem-solving in seminars. The subject of
equity & trusts also obliges students to tackle questions of interpretation and
construction. The way in which trust documents and wills are drafted is explored
throughout the course.

You can find out more about the Greenwich Employability Passport at:
Greenwich Employability Passport for students
Information about the Career Centre is available at: Employability and Careers |

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University of Greenwich

5. Schedule of teaching and learning activities

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Week Activity
No.
1 Lecture 1: Introduction to Equity & Trusts (Lecture only)
No Seminar this week

2 Lecture 2: The Three Certainties- Intention & Subject

Seminar 1: Introduction to Equity & the Trust

3 Lecture 3: The Three Certainties -Certainty of Object

Seminar 2: The Three Certainties – Intention & Subject

4 Lecture 4: Constitution and Formalities 1

Seminar 3: The Three Certainties Certainty of Object

5 Lecture 5: Constitution and Formalities 2

Seminar 4: Constitution and Formalities 1

6 Lecture 6: The Beneficiary Principle and Trusts of Imperfect

Obligation
Seminar 5: Constitution and Formalities 2

Reading week/ personal development week

NO LECTURES/SEMINARS

7 Lecture 7: Skills Session: Answering Problem and Essay Questions

in Trusts
Seminar 6: Beneficiary Principle etc

8 Lecture 8: Charities
Seminar 7: Assessment session

9 Lecture 9: Cy-prés
Seminar 8: Charities

10 Lecture 10: Implied Trusts 1

Seminar 9: Cy-prés

Lecture and Seminars: Term 1 consolidation

Winte
r
break
11 Lecture 11: Implied Trusts 2 (lecture only this week)
No seminars this week

12 Lecture 12: Secret Trusts

Seminar 10/11: Implied Trusts Part 1 & 2

13 Lecture 13: Wills and Probate

Seminar 12: Secret Trusts

14 Lecture 14: Trustees

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15 Lecture 15: Fiduciary Duties

Seminar 14: Trustees
BA
In addition to the teaching and learning activities within the module, additional
study support can be seen at: Academic Skills

6. Assessment
Assessment Schedule
First sit Assessment Deadline Weighting Maximum Marking Learning outcomes
assessments brief release or exam out of length type mapped to this
date period 100%* assessment.

Coursework: 40 % 3,000 stepped, see above and

Legal Opinion words numerical assessment brief
60 % 3hrs 15 stepped, see above
Examination N/A May 2023 minutes numerical

*The weighting refers to the proportion of the overall module result that each
assessment task accounts for.
Details of exam arrangements will be provided during the revision period at the
end of the module.
Your assessment brief
Assessment 1 brief including assessment guidance and marking rubric can be
accessed and viewed on Moodle from one month before the assessment
deadline. The assessment is a legal opinion consisting of 3000 words. The way in
which such documents are drafted is explored throughout the course as well as
feedback and samples are provided.
Please also see below the generic marking criteria for this level. Feedback will be
provided electronically, by way of written comments.

Important note: Coursework is marked on the understanding that it is the student’s

own work on the module and that it has not, in whole or part, been presented
elsewhere for assessment. Where material has been used from other sources,
this must be properly acknowledged in accordance with the University’s
Regulations regarding Academic Misconduct.

Assessment domain/marking criteria

Assessment 1 specific marking rubric and grading grid is provided with the
assessment brief and can be accessed and viewed on Moodle from one month
before the assessment deadline. Level 6 specific assessment rubric can be found
below.
Undergraduate rubric:
Rubric Level 6 2022-23.xlsx

Marking, feedback and next steps

For coursework, the marks and feedback will normally be provided to students
within fifteen working days of the submission deadline. In exceptional
circumstances, where there is a delay in providing feedback, you will be informed
by the module leader. You will be assessed and receive feedback according to the
assessment criteria including how you:
Demonstrate knowledge and understanding of content.
Demonstrate use of research informed evidence (sources).

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Demonstrate, evaluation analysis and application of the issues and law.
Demonstrate communication, organisation and presentation skills.
Demonstrate referencing skills and coverage.
Demonstrate graduate employability skills and application.
Your feedback will include:
What you did well in this assessment:
What you could improve in this assessment:
What you can take forward to your next assessment:

If you do not pass a module at the first attempt, you may be eligible for a resit
opportunity on the failed assessments. The Exam Board will decide whether you
will have an opportunity to resit. They will consider your overall set of results and
profile, including other modules, and your engagement on the programme, for
example, whether you have attempted assessments or not. Note that marks on
resit assessments are capped at 40% unless extenuation has been applied for
and granted.
For further details on resit assessments, please see section 7 below.
The assessment and feedback policy can be accessed at Assessment and
Feedback Policy

Extenuating circumstances and student support

The University recognises there are times when serious and unexpected matters
which are beyond a student’s control (such as serious illness or injury, death in
family) impact on their academic performance and ability to complete
assessments by the deadline. Guidance on claiming extenuation can be found at:
Extenuating circumstances

External Examiner
The External Examiner for this module is:
Name: TBC
Institution: TBC
Please note that the role of the External Examiner is to evaluate the overall
standard of assessments on the module. They are unable to correspond with
individual students about their work. If you need to discuss your marks or
feedback, please contact the module leader.

7. Resit assessments
Assessment Schedule
Resit Deadline Weighting Maximum Marking Learning
assessments out of length type outcomes
100%* mapped to this
assessment.
Coursework TBC 40 % 3,000 stepped, See above
Legal Opinion words numerical,
Examination July 60 % 3hrs 15 stepped, See above
2023 minutes numerical

Please contact the module leader (contact details above in this document) for

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further information.

8. Reading List
The following are essential and suggested readings for the module.

Textbook:

Essential Text: Pearce & Stevens, Trusts and Equitable Obligations, 8th
ed., 2022, OUP

Recommended Cases & Materials: Todd & Watts, Cases and Materials on
Equity & Trusts, 10th ed., 2016, OUP, or Davies and Virgo, Equity & Trusts,
Text, Cases and Materials, 2nd ed., 2016, OUP.

Additional sources: below is a list of additional sources that you may find
useful. These are not compulsory and as such there is no need to purchase
these.

Heavyweights
Hanbury & Martin, Modern Equity, 19th ed., 2012, Sweet & Maxwell
Alistair Hudson, Equity & Trusts, 7th ed., 2013, Routledge-Cavendish
Graham Virgo, The Principles of Equity & Trusts, 3rd ed., 2018, OUP

Middleweights
R. Edwards & N. Stockwell, Trusts and Equity, 10th ed, 2011, Longman
S. Panesar, Equity and Trusts, 2017, (3rd ed.), Pearson
R. Clements & A. Abass, Complete Equity and Trusts, Text Cases and
Materials, 5th ed., 2018, OUP
G. Watt, Equity & Trusts Law Directions, 5th ed., 2016, OUP
Todd & Wilson’s Textbook on Trusts, Sarah Wilson, 12th ed., 2015, OUP
J.E. Penner, The Law of Trusts, 9th ed., 2014, OUP
I. McDonald and A. Street, Equity & Trusts Concentrate: Law Revision and
Study Guide, 5th ed., 2016, OUP

For Reference:
Lewin on Trusts
Snell’s Equity

Periodicals:
Trusts & Trustees, OUP
Trusts and Estates Law & Tax Journal, Legalease
Trust Law International, Bloomsbury Professional
The Conveyancer and Property Lawyer, Sweet & Maxwell

9. Additional module information

Costs

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 Students will be required to purchase their own copy of the set textbook.

10. Changes to the module

At the University of Greenwich, we value feedback from students as well as

External Examiners and other stakeholders and we use this information to help us
improve our provision.
Important note: The University of Greenwich will do all that it reasonably can to
deliver the module and support your learning as specified in our handbooks and
other information provided. However, under some circumstances, changes may
have to be made. This may include modifications to the:
 content and syllabus of modules, including in relation to placements
 timetable, location and number of classes
 content or method of delivery of your module
 timing and method of assessments.
This might be because of, for example:
 academic changes within subject areas
 the unanticipated departure or absence of members of university staff
 where the numbers expected on a module are so low that it is not possible
to deliver an appropriate quality of education for students enrolled on it.
 industrial action by university staff or third parties
 the acts of any government or local authority
 acts of terrorism.
In these circumstances, the University will take all reasonable steps to minimise
disruption by making reasonable modifications. However, to the full extent that it is
possible under the general law, the University excludes liability for any loss and/or
damage suffered by any applicant or student due to these circumstances.

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