A trust is a relationship in which one person (the trustee) holds property for the benefit of another person(s) (the beneficiary(ies)) or for a charitable purpose. Trusts arise in a wide variety of contexts including corporate / commercial transactions, estate planning (gifting property on death or prior to death), social justice pursuits through charitable trusts and litigation involving property disputes. This course will provide a survey of key issues relating to trusts and trustees. The topics to be covered include: the juridical nature of the trust as a distinctive legal relationship, the reasons for which trusts are established (or come into existence by operation of law), the means by which trusts are established, the different species of trusts, including express trusts, purpose trusts, constructive trusts and resulting trusts, and issues relating to trustee duties.
The material for this course will be delivered in an lecture format. All assigned readings will be supplemented by detailed PowerPoint materials. These materials are not cryptic bullet point summaries of the readings. Instead, they are carefully prepared to bring greater context, organization and coherent explanation to assigned readings. All PowerPoint materials follow a disciplined, consistent and orderly format, breaking materials down by topic and sub-topic. The verbally delivered lecture content tracks very closely with the PowerPoint materials, adding further explanation, context and debate to these materials. If students scrutinize the readings, digest the supplementary PowerPoint materials and participate in lectures, they will be equipped to succeed in the course.
Method of Evaluation: 100% final examination or optional 40% mid-term exam and 60% final examination.