Introduction
Trust is a gripping subject. Unfortunately it grips most students with anxiety. There is a good reason for this. It is difficult. Almost every topic in the law of trusts is complicated by demanding intellectual problems, about the correct solutions to which academics and judges alike disagree. Because this is the case, you will realize in the study of the law of trusts, that there is no one right answer. It is about deciding which is the best solution for a particular problem, and because there is so much disagreement in what the correct answer is, it really is a free for all.
As a student of the law of trusts you will be required to undertake an academic marathon of reading judgments and academic opinions on almost every topic. There is no simple way to study the law of trusts,. If you want to write a really good exam script in the subject, i.e. get a first, you will simply have to read some cases.
Trusts laws a judge made, that is they are created by judges over time deciding actual cases, building up the body of rules and principles we today recognize as trust laws. As such, readng the cases are very important because this is the actual source of the law of trusts. Text-books are also important because here, you will be given an interpretation by the author of the laws decided in the cases.
What is a trust?
A trust is a legal device contains both elements of the law of obligations and elements of the law of property. In some ways trusts are like contracts and some other ways they mimic the structure of other sorts of property relationships under the law. But trusts are unique, and it is very difficult to get an intuitive feel for the way that the law of trusts responds to particular problems as they arise.
At its simplest, a trust is a device in which rights (usually property rights) are held by one person on behalf of another.
Generally there will be a three party relationship :-
Settlor/testator - the person creating the trust
Trustee - the person holding the rights to the property
Beneficiary - the person for whom the rights are held
Much of the law of trust is concerned with the question of whether a valid trust has been created. Throughout this subject, you will be looking at this question in various different situations.
A trust is not a legal person, like an individual or a company capable of owning property. For there to be a trust, the property must be subject to a trust so that the property will be vested in a trustee or trustees (who may be individual or companies) or is a nominee on behalf of the trust.
Many attempts have been made to define a trust but none of these definitions are entirely satisafactory. Trust is probably the most important invention made by equity and it calls for the distinction between legal interest or legal estate and the equitable interest in property.
Under the trust, the legal title will be vested in the trustees and the equitable title in the beneficiaries. This might arise when the settlor transfer land to the trustee to hold the land on trust for benefit of A, B and C (beneficiaries).