Course Details in 2025/26 Session

Module Title	LH Equity, Trusts, Wills and Formalities
School	Birmingham Law School
Department	Law
Module Code	08 33539
Module Lead	Rehana Parveen
Level	Honours Level
Credits	20
Semester	Semester 2
Pre-requisites
Co-requisites
Restrictions	None
Contact Hours	Lecture-33 hours Seminar-7 hours Guided independent study-160 hours Total: 200 hours
Exclusions
Description	This module will cover the following main areas of study: (1) The nature of equity and the trust - Historical introduction - Equitable maxims - Basic classifications of express trusts and trusts implied by law (2) Classification and validity of trusts powers, gifts and interests under a will - Capacity - Validity and interpretation of requests/clauses in a will - Identification of situations where a gift may fall - How interests pass under a will on intestacy (3) Charitable trusts - to understand how “regulation” and “regulators” operate in conjunction with the common law - Charitable heads - public benefit - operation of the Charity Commission (4) Resulting trusts - theoretical basis - private purpose trusts - application in the Inland Revenue Cases - operation of the presumptions and equality considerations (5) Constructive trusts - Operation in the domestic familial context (interests in the cohabitation) - Operation in the context of receipt of bribes and secret commissions (6) Trutees powers and duties and breach of trust -Dispositive powers under the Trustee Act (as distinct from powers of management/delegation) - Duties of care - Breach of duty, liability and defences - Relation to fiduciary duties
Learning Outcomes	By the end of the module students should be able to: Demonstrate a comprehensive and accurate knowledge and understanding of the detail of equity and trusts law; Produce a clear and accurate presentation of equity and trusts law directly from a wide variety of primary and secondary (including web based) sources, and apply techniques of legal interpretation and reasoning to complex issues arising within the module; Analyse and research relevant legal materials, in particular statutes and case law, and offer informed critique based on wider reading and different perspectives; Show an awareness of the relevant social, economic, historical and political contexts in which equity and trusts law operates;
Assessment	33539-01 : Essay : Coursework (70%) 33539-02 : Online MCT : Exam (School Arranged) - MCQ (Multiple Choice Questions) (30%)
Assessment Methods & Exceptions	Assessment: 1) Multiple Choice Test 90 minutes (30%) locally timetabled and 2) One Essay Question 3000 words (70%) Reassessment: Resit failed component(s)
Other
Reading List