LAW41840 Advanced Trusts

Academic Year 2022/2023

This module is designed to examine the scope and legal framework of the law regarding Trusts. The module aims to enable the student to develop the requisite knowledge and understanding of the main concepts, principles and rules of modern trust law. The module will develop and assess a range of skills through written assignment, written examination and oral participation in seminars.
Students will be required to demonstrate creativity in identifying, stating and restating any problems set in terms of the literature and theoretical models available. They will be expected to demonstrate a high degree of analytical and critical ability in the application of legislation and case law and to understand the implications of equitable remedies and the relationship between equity and trusts.

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Curricular information is subject to change

Learning Outcomes:

Upon completion of this module students should be able to: Demonstrate an understanding of the development of the trust as a legal concept and explain the advantages offered by the trust structure as compared to other legal structures; Distinguish between different categories of trusts and explain and apply the relevant legal requirements surrounding their respective formation and operation; Critically analyse and summarise the various proprietary and personal remedies arising upon a breach of trust; Advise on the possible liability of trustees, beneficiaries and third parties partaking in various trust transactions and compare and contrast the approach of the Irish courts to those of their English counterparts.

Indicative Module Content:

Topics will include: the formalities and essential elements for trust creation; the constitution of trusts, the presumptions applicable to different trust types and the substantive rules relating to the different types of trust. Types of trust covered include express private trusts, secret trusts, resulting trusts, constructive trusts, charitable trusts and purpose trusts. The module will also consider the appointment and removal of trustees, the duties owed by trustees in the course of trust administration and the personal and proprietary remedies available to beneficiaries in the context of breach, in particular the doctrine of tracing.

Student Effort Hours: 
Student Effort Type Hours
Specified Learning Activities

12

Autonomous Student Learning

106

Lectures

24

Tutorial

8

Total

150

Approaches to Teaching and Learning:
This module is delivered by socratic method in large lecture theatre format. Students are encouraged to read material in advance of class to better inform their understanding and participation in lectures. A number of formative learning exercises are conducted throughout the semester to aid student learning and which build upon group work skills, analytical skills and peer review feedback. Questions are encouraged as we learn best when we learn from one another. Students in this module also benefit from bi-weekly seminars in which greater focus can be devoted to unpacking the primary and secondary literature associated with the law of trusts and enabling greater articulation and analysis of the key concepts underpinning trust law. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Co-requisite:
LAW41850 - Advanced Equity

Incompatibles:
LAW30230 - Law of Trusts, LAW40890 - Adv Issues in Equity&Trusts


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Assignment: Written Assignment Week 10 n/a Graded No

40

Examination: Written Examination (2 hours) in-person at the end of semester 2 hour End of Trimester Exam Yes Graded No

60


Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer Yes - 1 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, post-assessment
• Peer review activities
• Self-assessment activities

How will my Feedback be Delivered?

In relation to formative learning activities carried out during the semester, students receive feedback through peer review activities in their assigned groups and through seeing the feedback given to other students on their group exercises. In relation to the end of semester examination, students' scripts are annotated with individual feedback. Students can request to view their scripts following the release of provisional examination results each semester by emailing their requests to lawscriptviewing@ucd.ie. Script viewing is scheduled on two dates for student convenience.

Name Role
Mr Andrew Woods Tutor
Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Spring
     
Lecture Offering 1 Week(s) - 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33 Tues 11:00 - 12:50
Seminar Offering 1 Week(s) - 22, 24, 26, 30 Thurs 13:00 - 14:50
Spring