Express, Resulting and Constructive Trusts

What this unit covers

The resources follow the three routes by which a trust arises. Express trusts come first, then resulting trusts, then constructive trusts. The listed material includes mind maps, flashcard decks and one set of notes, all made by GoConqr users.

Where to start

Begin with the mind map Express Trusts. It explains how a settlor declares a trust, transfers legal title to a trustee and gives an equitable interest to a beneficiary. Next, read The Three Certainties and the map Equity & Trusts: The Three Certainties. They set out certainty of intention, subject matter and objects, with cases such as Knight v Knight, Lambe v Eames and Re Adams. Several shorter maps cover each certainty on its own, so you can go deeper where you feel unsure.

Formalities and constitution

The note Formalities covers section 53(1)(b) of the LPA 1925 and trusts over land. The flashcard deck Intro covers lifetime trusts of personalty, with Paul v Constance and Richards v Delbridge. The deck on constitution and formalities then moves to secret trusts, mutual wills and cases such as Blackwell v Blackwell, Ottaway v Norman and Oughtred v IRC.

Objects, resulting and constructive trusts

• The flashcards on express trusts cover IRC v Broadway Cottages, Re Gulbenkian's Settlement Trust and McPhail v Doulton.
• The maps Presumed RT and Total or partial failure of express trust cover resulting trusts.
• The map Tinsley v Milligan [1993] looks at a single case.
• The map on Week 10 constructive trusts looks at Re Goodchild and mutual wills.

Using maps and flashcards together

Read a map to see how the ideas connect. Then use the flashcards to recall the cases and what each decided. Return to the maps to check anything you missed. This unit sits in the Equity and Trusts strand of Civil law. Pick a map and see how far you get, then try writing your own flashcards.