Unit information: Trusts in 2027/28

Please note: Programme and unit information may change as the relevant academic field develops. We may also make changes to the structure of programmes and assessments to improve the student experience.

Unit name Trusts
Unit code LAWD30120
Credit points 20
Level of study H/6
Teaching block(s) Teaching Block 4 (weeks 1-24)
Unit director Mrs. Catey Thomas
Open unit status Not open
Units you must take before you take this one (pre-requisite units)

None

Units you must take alongside this one (co-requisite units)

None

Units you may not take alongside this one

None

School/department University of Bristol Law School
Faculty Faculty of Social Sciences and Law

Unit Information

Why is this unit important?

The Trust concept has been described as ‘the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence’ (Maitland, 1936). Equity, and the roles of Trusts within Equity are fundamental to the English legal system, taking a more flexible approach to various legal issues and providing fair outcomes where the common law is unable to do so. This unit covers the core principles of the law of Trusts.

Although difficult to define – not least because of its flexibility - the Trust is of great significance to very many areas of law and modern life, from family law to commercial law, and from land law to insolvency and charities. At the heart of the Trust lies the separation of ownership into legal and beneficial ownership, enabling one person (the trustee) to hold property for the benefit of another (the beneficiary) or for certain purposes, with obligations on the trustee and consequences when those are breached.

How does this unit fit into your programme of study?

This unit enables you to understand and evaluate the principles of Trusts law underpinning the creation and operation of trusts and breach of their terms. You will recognise and question the myriad of ways in which Trust principles play a role in wider law, commerce and society. You will also expand in greater depth on a number of issues already explored in other units on the programme.

The authentic learning approach followed in this unit encourages the development of different skills, focussing on identification of relevant information and problem solving in a manner authentic to what you may encounter in the workplace.

Your learning on this unit

An overview of content

The topics covered are as follows:

An introduction to the concept of trusts and their operation in Equity.
The creation of trusts, including certainties, constitution, and formalities.
The operation of trusts, including trusties’ powers and duties.
Breaches of trusties’ duties and the remedies available.

How will students, personally, be different as a result of the unit?

You will have a broad understanding both as to the creation and operation of Trusts and how these are utilised in the modern world, both commercially and in family/domestic contexts. You will be familiar with how information is presented to you in a real-life workplace environment and understand how to utilise this to identify issues and advise accordingly.

Learning Outcomes

You will be able to:

  1. recognise and describe different types of trust, and identify and explain their core components, and explain and evaluate the requirements for effective creation of express trusts;
  2. explain and evaluate the role and duties of trustees, and the various possible consequences of breach for the trustee and other persons;
  3. construct and articulate principles of trusts law, drawing on a range of different sources of material including both primary and secondary legal materials;
  4. analyse and critique the way in which the law responds to particular issues in trusts law, and the coherence of different approaches;
  5. identify relevant information from an authentic style case bundle and use this to solve problem style issues and provide legal advice accordingly by critically selecting and employing relevant statutory provisions and case law.

How you will learn

This unit consists of a mixture of seminars, lectures, consolidation classes and other guided independent activities. These activities combine various methods of delivery, both synchronous and asynchronous. The main focus is on an authentic learning approach whereby students engage with case bundles containing all the relevant information for a problem-based engagement with each topic. Class based learning will incorporate student discussion and group work.

How you will be assessed

Tasks which help you learn and prepare you for summative tasks (formative):

The case bundles looked at in each seminar and the consolidation sessions will build familiarity with this form of assessment and what is required. Formative feedback will be provided within seminars, office hours and through discussion thread on Blackboard. There will also be a written formative opportunity (1000 words maximum) with further individual and group feedback.

Tasks which count towards your unit mark (summative):

Coursework (3000 words maximum; 100%). This comprises one question in the form of a case bundle that assesses understanding across the whole syllabus and is to be completed at the end of TB2. This assessment covers all of the unit ILOs.

When assessment does not go to plan:

When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis.
The Board of Examiners will consider all cases where students have failed or not completed the assessment required for credit in the usual way.

Resources

If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.

If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWD30120).

How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours of study to complete. Your total learning time is made up of contact time, directed learning tasks, independent learning and assessment activity.

See the University Workload statement relating to this unit for more information.

Assessment
The assessment methods listed in this unit specification are designed to enable students to demonstrate the named learning outcomes (LOs). Where a disability prevents a student from undertaking a specific method of assessment, schools will make reasonable adjustments to support a student to demonstrate the LO by an alternative method or with additional resources.

The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit. The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates within the Regulations and Code of Practice for Taught Programmes.