Trust law is an important legal discipline in its own right; however, as trusts can appear in other areas of law, including family law, corporate law, real estate, and estate planning and litigation, having a foundational knowledge of trusts can be of assistance to a lawyer no matter what area of law they practice. This course seeks to provide an understanding not only of what a trust is and how a trust is created, but also explore the legal relationship between the trustee, the beneficiary, and the property that is held in trust. The topics to be covered include the legal nature of trusts and how they are created, the reasons why trusts are created or come into existence by operation of law, the various kinds of trusts, including express trusts, purpose trusts, constructive trusts, and resulting trusts, as well as the legal relationship between the trustee and the beneficiaries, and the corresponding duties of the trustee and the rights the beneficiaries may exercise. The real-world use of trusts, and the implications and intersectionality of trusts with other areas of law, will be covered if time permits.
I Hull, S. Popovic-Montag, D. So, J. Kappy, N. Esterbauer, S. Clark; Adjunct Professors
4 credit(s) 4 hour(s);
Lectures, discussion, possible guest speakers and guest lecturers
Upper Year Research & Writing Requirement