Trust Formalities and Constitution – Gifts, Declarations, and Equity’s Limits
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Trust Formalities and Constitution – Gifts, Declarations, and Equity’s Limits
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About this listen
In this episode of SQE1 Essentials, we examine the formal requirements for creating and constituting trusts in English law. This is a highly examinable area of Trusts law that blends strict formalism with equitable flexibility.
🎓 Topics covered include:
- The difference between inter vivos trusts and testamentary trusts
- Formal requirements for transferring personalty vs. land (realty)
- The three certainties revisited: intention, subject matter, objects
- Why equity will not perfect an imperfect gift or assist a volunteer
- The doctrine of incompletely constituted trusts and its consequences
- Key equitable exceptions:
▪️ Re Rose – correct steps taken
▪️ Pennington v Waine – unconscionability
▪️ Strong v Bird – donor becomes executor
▪️ Proprietary estoppel – reliance and detriment - The rule against perpetuities and the 125-year vesting period
🧠 This episode is critical for distinguishing enforceable trusts from failed gifts and will equip you with both doctrinal clarity and case-based nuance.
📲 Access case summaries, diagrams, and practice questions in the CELE SQE App or at celetraining.com
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