Details for LAW203 Trusts

A trust separates legal ownership from beneficial interest, and that changes everything. Trusts introduces what a trust is, the three certainties, and how trusts are validly created for charitable and other purposes. You’ll examine the duties, powers and rights of trustees, the position of beneficiaries, and what follows from a breach, including resulting and constructive trusts. You’ll finish able to distinguish trust types and explain them clearly to legal and non-legal audiences.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW203
• Credit points: 10

Subject Coordinator

Prerequisite

LAW104 Contract Law 1; LAW108 Equity 

Unit Content

Outcomes

1. Identify what a trust is and the ‘three certainties’.
2. Analyse legal issues to locate and distinguish the types of trusts.
3. Independently research the manner in which a trust is validly created and communicate it effectively to legal and non-legal audiences.
4. Identify the rights, power, obligations and duties of a trustee (including the rights of a beneficiary to a trust both during the administration of a trust and in cases of breach of the trust).
5. Demonstrate cognitive skills to make reasoned choices among alternatives and to identify, research and evaluate relevant factual, legal and policy issues.

Subject Content

1. Introduction to Trusts: Their Nature and Uses
2. The Three Certainties: Intention, Subject and Object
3. Formalities and Complete Constitution
4. Legality of Trusts for Charitable and Non-Charitable Purposes
5. Beneficiaries
6. Trustees
7. Duties of Trustees
8. Powers and Rights of Trustees
9. Breach of Trust
10. Resulting Trusts
11. Constructive Trusts
12. Subject Revision
13. Examination Week

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Student Group Presentation and Paper  (25%)
2. Problem Question Assignment  (25%)
3. Final Examination (50%)

Prescribed Text

• Gino Evan Dal Pont, Equity and Trusts in Australia (Thomson Reuters , 8th ed, 2022)  
• Gino Evan Dal Point, Equity and Trusts: Commentary and Materials (Thomson Reuters Australia, 8th ed, 2023)  
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks