Advanced Trusts Law (LAWS90186)

This subject provides the opportunity for students to explore in depth the theoretical and practical issues concerning trusts law. This subject builds upon JD compulsory subject LAWS50033 Equity and Trusts by providing students with the opportunity to deepen and intensify their comprehension and analysis by focusing in particular on two specific contexts: the domestic arena of private estate planning, and commercial transactions.

In the context of private estate planning, the subject will examine how private trusts are utilised to manage family wealth, including in the ‘offshore’ world. Among the issues to be explored are the theoretical and practical aspects of how trusts may be used to protect assets, the control of trustees’ discretions, the impeachment of the exercise of trustee powers, and the rights of objects of trusts.

In the commercial context, the subject will examine the extent to which trusts and related concepts underlie, constrain, or promote commercial devices. Among the issues to be explored are the theoretical and practical aspects of creditor trusts, unit trusts, constructive trusts, and equitable assignments.

By comparing commercial trusts with private trusts, we will also be asking whether there are any significant differences in the way in which the trust device is used, in particular in relation to the rights, powers, and duties of trustees and beneficiaries. Finally, we will consider some issues surrounding international aspects of the trusts. This may include trusts in the conflict of laws or trusts in civil law jurisdictions.