Creation of Express, Implied, Charitable, and Discretionary Trusts: An Analysis in light of the Hagu

Analysis of the Legal Definition of Trust

“For the purposes of this Convention, the term ‘trust’ refers to the legal relationship created – inter vivos or on death – by a person, the settlor, when assets have been placed under the control of a trustee for the benefit of a beneficiary or a specified purpose.” (Art. 2, Hague Recognition of Trusts Convention 1985)

Analyse this statement in relation to the creation of express, implied, charitable and discretionary trusts, illustrating your answer with examples (2,000 words).

Completion of this assessment will address the following learning outcomes:

1 Appraise the history and role of equity, equitable principles and equitable remedies in English Law, including restitution;

2 Evaluate how trusts are expressly created;

3 Analyse the situations when trusts will be implied by law;

4 Demonstrate an understanding of the rules relating to charitable and discretionary trusts.  

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