Accuracy of Flexibility in Equitable Principles for Express Trusts in English Law

This report discusses the accuracy of the flexibility inherent in equitable principles for express trusts in English law. It covers the elements required for a trust to be legal and valid, the three certainties needed for an express trust, and the changing nature of express trusts in relation to contract law. Relevant case law is referenced throughout.

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TABLE OF CONTENT
INTRODUCTION...............................................................................................................................3
MAIN BODY.......................................................................................................................................3
Discuss the accuracy or otherwise of the above statement with reference to relevant case law........3
CONCLUSION....................................................................................................................................6
REFERENCES....................................................................................................................................6

INTRODUCTION
English law is an important common law system through which all the civil and criminal
laws are being managed. There is being seen that in order to manage the trust, certainty,
capacity creation of express trust is being made in the English law. All the Express trust is
generally being made by the settlers through which all die expressions regarding to the
intentions are being established for the compliance and other formalities. It generally is being
made in order to Provide benefits to other in all the important trustees to enhance their daily
regarding their enforceable duties1. This report will cover all the important accuracy which is
being made regarding to the flexibility which is being inherent in the equitable principles and
as the express trust is now being rich device through which all the important principles and its
operating laws are being attained.
MAIN BODY
The law which relates to express trusts is now become detached from all its moorings
in general traditions of equity. In spite of all the flexibility which can be seen inherent in all
equitable principles, the major express trust from now implies rigid device which operates
according to rigid principles.
Discuss the accuracy or otherwise of the above statement with reference to relevant case law.
Creation of express trust in English law is generally being an important process which
involves four important elements through which it can be managed for a trust to be legal and valid.
They are as follows:
 Capacity which implies to the settler’s ability through which they create a trust on all their
first place which implies that any person who is capable in order to hold the property can
create a trust. It also has some general exceptions Like the statutory bodies, minors,
corporations who have no right to hold a property in any of such cases in order to create a
trust2.
 Certainty through which a trust can generally be created and managed there are mainly three
important certainty which are needed to make the trust valid. All such trust instruments
1 Vivian A, 'The UK Equity Premium: 1901-2004' (2017) 34 Journal of Business Finance & Accounting.
2 Wischmeyer T, 'Generating Trust Through Law? Judicial Cooperation In The European Union And The
“Principle Of Mutual Trust”' (2016) 17 German Law Journal.

generally reflect the certainty of intentions in order to create a trust, through the subject
matter, through the person who is the beneficiary and also if in any case there is being seen
that any kind of uncertainty or trust will fail the court will there by help to manage it.
 Constitution this is generally the legal legislative provisions as it implies that it is a legal
bounding which is being needed in order to create a valid trust, all the property can only be
transferred from the Settler to the trustees if there is being seen a proper constitutionality in
the areas. If any of the property is not being transferred then the person, beneficiary or the
trustee who are the volunteers can go to the court. There is been seen that all the legal areas
and the general rules through which the management of the protection of the rights and the
further functionality is managed that will apply and reflect the nature and the working culture
and their general principles of working. It helps in creating the express trust through which all
the laws and their varied culture can be reframed and their the certainties and their re-
evaluation with the legislation and the rules made by the government is imposed3.
 Formality is another important element which is generally all the specific languages and the
forms applies for the transferring of the property. There is being needed to properly manage
all the drafting for the transfer of any of the important areas and laws. It considers all nature
and the elements through which the rights and the laws can be applied and the proper
documentation and the further formalities of the work can be made. There is been seen that in
all those cases where the work and the trust is managed through the formal nature and the
working then it implies to mandate and manage the working in order to maintain the working
culture to be adaptive and manageable4.
There is being applied that three important certainty is which are being needed in all the
creation of express trust through which the proper equitable law and the functioning is being
attained. In order to create an express trust there is required to have three important certainty is
which are subject matter, intention and object.
Certainty of intention is generally the person who is wishing to create a trust should be clear
with the testator or the settlers and is not being dependent on any of the language which is being
used in the trust which is being created he should be well aware about all the matters regarding to
the details for which is being identified and managed to create a trust5.
Certainty of subject matter implies that there should be given a proper clear idea about the
property and the part which is been created interest6. All the segregated areas and a non-trust
3 Edwards R, and Stockwell N, Trusts And Equity (Pearson Education UK 2013)
4 Hayton D, The Law Of Trusts (Sweet & Maxwell 2013)
5 Levenstein M, Maxims Of Equity (2017).
6 Woods U, Property And Trust Law In Ireland (2018)

property should there be drawn between the intangible and the tangible assets which are being
managed.
Certainty of objects implies that all the beneficiaries should have to be clear regarding to the
objects and also for determining the areas in the dependencies of the trust. All the trustees will
have to be able to manage the certainty without which no trust and thereby be created7.
As with the change in the formalities and patterns in relation to the express trust creation,
there is being analysed that trust is generally being became more similar to the contractual terms.
As in context to the trust regarding to the implied condition of the law are there implies that the
tendency for all the quotes in order to generate the rigid rules for the management and the
recognition of the trust there is being created a notion to manage the equity with the general
apparent rules. All the formalities which are being needed in order to create an express trust is
being covered through three stage test which implies acceptance, offer, consideration and also the
legal intentions of the legal relations which means that it covers some of the important elements
of contract law8.
Equity also focus on managing the creating of trust by numbers through which they gain the
facilities through which the commercial contracts are being aligned. In other broader application
and in the present conditions there has been seen that all the important welfare is in the
remarkable areas through which the sensitive concepts and the social justice is being managed as
bye the discretionary and the reactive remedies through which all the rigid rules and the certainty
which is being required in the law express trust can be managed9.
As in the general condition there is being seen that the change in the globalisation and the
trends regarding to the positive approach and the other implied methods all the express trust helps
out to manage the pressures in the globalisation through which all the English trust concept has
become more flexible than it is to be in earlier. It embarks to manage all the influence and the
rules that are being governed for the express trust by the further jurisdictions and the process. It
helps out in creating the principles and the approaches through which the cultural relativism and
the justice for the equity system through one legal jurisdiction can be managed10. It on the other
hand create a culture bound with the analytical system of rules and the express trust feature who is
Stop it managed a discretionary of equitable remedies in order to attain the trustees in account of
General cultures and the law of trust through which the contractual provision are being aligned.
7 Kaiser L, 'Public Trust And Equity Returns' [2015] SSRN Electronic Journal.
8 O'Neill A, and O'Neill A, EU Law For UK Lawyers (Hart 2016)
9 Hudson A, Equity And Trusts (Routledge 2013).
10 Oakley A, Trends In Contemporary Trust Law (Clarendon Press 2016).

CONCLUSION
From this above report it is concluded that, creation of express trust is mainly an
important method which involves four important elements like capacity, constitution,
certainty and formality without which no proper agreement and creation can be attained.
There is being seen that three certain 80s are required to create a trust to be valid which are
subject matter, intention and object. Further it is also analysed that it is important to manage a
proper globalisation and reach through which the flexible approach in the express of trust can
be attained and to manage and value the core principles regarding the equity and this system
of justice which aligned out the jury diction and general matters. There is also being seen that
express of trust applies the contract law as it also covered some important elements like
contract which are incorporated with the offer, acceptance, consideration and legal intention.

REFERENCES
Edwards R, and Stockwell N, Trusts And Equity (Pearson Education UK 2013)
Hayton D, The Law Of Trusts (Sweet & Maxwell 2013)
Hudson A, Equity And Trusts (Routledge 2013).
Kaiser L, 'Public Trust And Equity Returns' [2015] SSRN Electronic Journal
Levenstein M, Maxims Of Equity (2017)
Oakley A, Trends In Contemporary Trust Law (Clarendon Press 2016)
O'Neill A, and O'Neill A, EU Law For UK Lawyers (Hart 2016)
Vivian A, 'The UK Equity Premium: 1901-2004' (2017) 34 Journal of Business Finance &
Accounting.
Wischmeyer T, 'Generating Trust Through Law? Judicial Cooperation In The European
Union And The “Principle Of Mutual Trust”' (2016) 17 German Law Journal
Woods U, Property And Trust Law In Ireland (2018)