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    Hi all

    Fairly straightforward essay question. But the scope being to broad, and the deadline being 4 days away, have no idea what all to include! Any help appreciated.

    "Explain the legal nature of the trust in English law and how they work".

    Should I include charitable trusts and implied trusts as well?

    Thanks
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    You should include charitable trusts at least to the extent of explaining how they fit in with the beneficiary principle. That is, you need to get across that there can be legitimate trusts for purposes. If you don't mention this your analysis will be seriously deficient. How marginal or central you make charitable trusts depends on what your opinion is of what is essential to a trust.

    If by implied trusts (despite the term's usage in statute and case law, it's never clear what exactly it's supposed to mean) you mean constructive and resulting trusts, you should definitely include them. In order to explain the nature of the trust you need to explain what resulting and constructive trusts have in common with express trusts, viz. the holding of property by the legal owner(s) for the benefit of the equitable owner(s). I also think you ought to express some opinion as to whether constructive and resulting trusts are coherent categories and if so what makes them such. For example, do they arise in a certain kind of way (that's part of the 'how they work' in the question)? Is it possible to group constructive, resulting and express trusts together and find some specific structural feature that unites them (i.e. the 'legal nature of the trust)?
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    That was of immense help Estreth. Thank you
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    The legal nature of trusts should also include its basic nature, certainties and formalities right? Or is that to be disregarded considering this is a 2nd year law coursework?
 
 
 
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