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Trust Law 1 – Certainties, Trustees and Beneficiaries
April 12, 2025 · 44 min

In this episode of SQE1 Essentials, we explore the core doctrines and structures of English Trust Law, with a focus on the principles tested in the SQE1 assessment.

🎓 Topics covered:

The three certainties required for the creation of a valid express trustTypes of trusts: fixed trusts, discretionary trusts, resulting and constructive trustsThe beneficiaries' rights and the rule in Saunders v VautierThe distinction between charitable and non-charitable purpose trustsTrusts of the family home and resulting/constructive trust claimsLiability of third parties and the doctrine of knowing receipt / dishonest assistanceTrustees' powers, duties, breaches, and the remedies available to beneficiariesThe principle of tracing and equitable proprietary claims

🧠 This is a high-yield topic and commonly assessed in both doctrinal MCQs and applied scenario-style questions.

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