Equity and the Law of Trusts

Product Information

If you specialise in equity and trusts, you may find yourself making sure charities are correctly spending donated funds or resolving conflicts between families. the trust has been performed), then it is possible to prove that the settlor intended for the trustee to They provide solid knowledge and understanding of fundamental legal principles and rules, while bringing the law and practice to life with example scenarios based on realistic client problems.

In the 12th century, a system of courts emerged as a result of increased centralisation in government following the Norman Conquest. The increased rigour and bureaucratisation of the Anglo-Norman administration involved the superimposition of Royal Justice by the King’s Court onto local courts with the formation of the writ system and the delegation of the King’s authority to royal justices (justiciars). Over the next two centuries the Common Law evolved with three central courts at Westminster Hall: the Court of King’s Bench, the Exchequer Court and the Court of Common Pleas. This was combined with a new practice of circuits, whereby royal justices travelled to different counties holding court as Justices in Eyre. The Common Law, however, would not take notice of uses. One effect of this, as Baker notes, is that uses could be utilised to put land outside the reach of creditors. [11] Another effect, however, is that it left those enttiled to the benefit of the land (called the cestui que use) without recourse in the Common Law courts. Initially, Uses would have been a mere matter of morality. It was only by appointing several notable local people, threatened with the shame of depriving another of their inheritance, that due execution of the use could be guaranteed. This approach is particularly attractive where we have 2 bodies of law operating alongside, on same set of facts. Like cases should be decided alike, and mere historical differences do not justify differences in outcome.

The Maxims Of Equity

We have a 14-day return policy, which means you have 14 days after receiving your item to request a return. a b Johnston, David (2015). "11: Succession". The Cambridge Companion to Roman Law. CUP. p.206. doi: 10.1017/CCO9781139034401.015. ISBN 9781139034401. This growing 'course' became increasingly inflexible. In 1617 the Lord Chancellor, Francis Bacon, appointed an official reporter for the first time. This reporter sat at his feet and took notes of his judgements, allowing them to be easily and comprehensively cited. By the second half of the century, cases in the Chancery were being cited in argument regularly. While this was not universally accepted, the use of precedent in the Chancery was increasingly accepted and expected. Chancellors also reacted to this development by giving more detailed reasons for their decisions more and more often. This allowed cases that were alike to be treated alike. This process culminated with Lord Nottingham's famous statement that he could not decide cases according to his own private conscience, but that "the conscience by which I must proceed is merely civilis et politica and tied to certain measures." [48] Thus, Equity "hardened into a kind of law" such that large areas of its jurisdiction, like the law relating to mortgages were clearly regulated by rules as certain as those provided by the Common Law. [49] Early reforms: Commonwealth and Restoration [ edit ] Corruption and inefficiency [ edit ] Courts of Chancery is not bound by Common Law rules of evidence, but can look to substantive merits (different view of evidence and procedure) Demonstrate an understanding of the development, and current state, of the law of equity and trusts from a comparative perspective (e.g.

Lord Ellesmere, Lord Chancellor (1596-1617) Sir Edward Coke, Chief Justice of the King's Bench (1613-16) Prevents person from using legal powers/rights in a manner contrary to good conscience. Relationship with the Common Law: NOT 2 rival systems! Chandler, Jr., Alfred D. (1977). The Visible Hand: The Managerial Revolution in American Business. Cambridge: Harvard University Press. pp.319–320. ISBN 9780674940529. The rights which the settlor had prior to the creation of the trust are transferred in their entirety towhich, in the case of a trust for persons, enable the beneficiary to hold the trustee to account for After an introduction to Equity and Trusts, the book guides the learner through the lifespan of a trust, from its creation, including certainty and formalities, and implied trusts, through to running a trust -duties and powers. The book then examines remedies against trustees, fiduciaries and third parties. of the trust at any time if they’re 18 years old or over (in England and Wales). This means the assets set aside Critically evaluate an area of law both doctrinally and in terms of its socio-economic and other consequences and from an historical EQUITY AND TRUSTS -- - CASES -- - LEGISLATION -- - JOURNAL ARTICLES & LAW COMMISSIONS & BOOKS -- - TESTS AND PRINCIPLES LECTURE ONE – INTRODUCTION TO EQUITY AND TRUSTS LEARNING OBJECTIVES: