Equity and Trusts

Order Description

Has to be Oscola referencing

Equity and Trusts Coursework Question:

“The general rule is that, once the three certainties are present and legal title to the trust property is vested in the trustee, there is nothing more demanded of the settlor. By way of exceptions to this rule, however, Parliament has decreed that certain types of disposition require additional formalities before they can become effective.”

Michael Haley and Lara McMurty, Equity & Trusts, Sweet and Maxwell, 4th edition at page 121

Using case law and academic comment to illustrate your answer:

1.Critically consider and analyse the rationale and function of formalities in relation to a lifetime (inter vivos) express private trust and the disposition of an equitable interest

2. Critically consider the relationship between formalities and the maxim that equity will not permit a statute to be used as instrument of fraud.

3. Determine to what extent the formality requirements reflect electronic media and the digital age?

The coursework will contribute 50% towards the total mark awarded for the module.

Indicative Reading

1. This aspect of formalities covered by this question has been examined to a greater or lesser degree by most standard Trusts textbooks many of which are available in the library and it may be useful to commence your research by referring to some of these texts for a general understanding of the relevant legal principles/issues and some insight into the key issues that have arisen from the operation of these principles.

2. There are also a number of articles which are relevant to the issues raised by the question. Such articles include (but are not limited to):

Battersby G Formalities for the Dispositions of Equitable Interests under a Trust (1979) Conv 175

Youdan T Formalities for Trusts of Land and the Doctrine in Rouchefoucald v Boustead (1984) 43 CLJ 306

Clarke PJ Mr vandervell again [1974] Conv 405

Green, B. Grey Oughtred and Vandervell – A contextual Reappraiasal (1984) 47 MLR 385

Fuller L ‘Consideration and form’ (1941) 41 Columbia LR 799

Feltham J [1987] Conv 246

Harris JW The case of the Slippery Equity (1985) 38 MLR 557

Nolan RC Vandervell v IRC A case of overreaching [2002] CLJ 169

Law Commission’s 2001 report, Electronic Commerce: formal requirements in commercial transactions

All these articles are available electronically either through the HEINONLINE database or the WESTLAW database. Both databases can be accessed using your Athens accounts.