LAW30230 Overview of Law Relating to Creation and Administration of Trusts

Academic Year 2020/2021

This module focuses on the rules relating to the creation and administration of trusts and the role which the trust plays in modern society. A legal comparative approach is adopted in the teaching of this module with full consideration of the leading Irish and English cases and authorities. Topics include: the formalities and essential elements for trust creation; the constitution of trusts, the presumptions applicable to different trust types and the substantive rules relating to the different types of trust. Types of trust covered include express private trusts, secret trusts, resulting trusts, constructive trusts, charitable trusts and purpose trusts. The module will also consider the appointment and removal of trustees, the duties owed by trustees in the course of trust administration and the personal and proprietary remedies available to beneficiaries in the context of breach, in particular the doctrine of tracing.

Note that both this module and Law 30600 Equity: History and Doctrines - are required for Law Society and Kings' Inns purposes and for the purposes of those students contemplating qualifying as a solicitor in England and Wales.

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Curricular information is subject to change

Learning Outcomes:

Upon completion of this module students should be able to: Demonstrate an understanding of the development of the trust as a legal concept and explain the advantages offered by the trust structure as compared to other legal structures; Distinguish between different categories of trusts and explain and apply the relevant legal requirements surrounding their respective formation and operation; Critically analyse and summarise the various proprietary and personal remedies arising upon a breach of trust; Advise on the possible liability of trustees, beneficiaries and third parties partaking in various trust transactions and compare and contrast the approach of the Irish courts to those of their English counterparts.

Indicative Module Content:

Topics include: the formalities and essential elements for trust creation; the constitution of trusts, the presumptions applicable to different trust types and the substantive rules relating to the different types of trust. Types of trust covered include express private trusts, secret trusts, resulting trusts, constructive trusts, charitable trusts and purpose trusts. The module will also consider the appointment and removal of trustees, the duties owed by trustees in the course of trust administration and the personal and proprietary remedies available to beneficiaries in the context of breach, in particular the doctrine of tracing.

Student Effort Hours: 
Student Effort Type Hours
Lectures

24
Specified Learning Activities

12
Autonomous Student Learning

114
Total

150
Approaches to Teaching and Learning:
This module is delivered by socratic method in large lecture theatre format. Students are encouraged to read material in advance of class to better inform their understanding and participation in lectures. A number of formative learning exercises are conducted throughout the semester to aid student learning and which build upon group work skills, analytical skills and peer review feedback. Questions are encouraged as we learn best when we learn from one another. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Co-requisite:
LAW30060 - Equity

Incompatibles:
LAW41840 - Advanced Trusts

Equivalents:
Trusts (LAW37230)


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Examination: Written Examination (2 hours) 2 hour End of Trimester Exam Yes Graded No

100

Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, post-assessment
• Peer review activities
• Self-assessment activities

How will my Feedback be Delivered?

In relation to formative learning activities carried out during the semester, students receive feedback through peer review activities in their assigned groups and through seeing the feedback given to other students on their group exercises. In relation to the end of semester examination, students' scripts are annotated with individual feedback. Students can request to view their scripts following the release of provisional examination results each semester by emailing their requests to lawscriptviewing@ucd.ie. Script viewing is scheduled on two dates for student convenience.

Name Role
Mr Andrew Woods Tutor