Trust Law 1 – Certainties, Trustees and Beneficiaries
Update: 2025-04-12
Description
In this episode of SQE1 Essentials, we explore the core doctrines and structures of English Trust Law, with a focus on the principles tested in the SQE1 assessment.
🎓 Topics covered:
- The three certainties required for the creation of a valid express trust
- Types of trusts: fixed trusts, discretionary trusts, resulting and constructive trusts
- The beneficiaries' rights and the rule in Saunders v Vautier
- The distinction between charitable and non-charitable purpose trusts
- Trusts of the family home and resulting/constructive trust claims
- Liability of third parties and the doctrine of knowing receipt / dishonest assistance
- Trustees' powers, duties, breaches, and the remedies available to beneficiaries
- The principle of tracing and equitable proprietary claims
🧠 This is a high-yield topic and commonly assessed in both doctrinal MCQs and applied scenario-style questions.
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