Express and Resulting Trusts
Certainties, formalities, constitution, volunteer exceptions, beneficial interests, Saunders v Vautier, purpose trusts and resulting trusts.
How to study for FLK2
Use closed-book rule anchors, realistic client facts, primary-classification ranges and an ethical decision check across every subject.
Core concepts
Concept 1
Apply certainty of intention, subject matter and objects to fixed and discretionary trusts.
Exam cue: Identify settlor act, trust property, beneficiary class, formality and vesting.
Concept 2
Test formalities and constitution of an inter vivos trust and the Re Rose, Strong v Bird and Choithram exceptions to imperfect transfer.
Exam cue: Separate declaration, transfer and constitution.
Concept 3
Classify fixed, discretionary, vested and contingent interests and apply Saunders v Vautier.
Concept 4
Distinguish charitable from non-charitable purpose trusts and automatic from presumed resulting trusts.
Risk pitfalls and guardrails
Using equity to perfect every failed gift.
Guardrail: Check the sitting-specific law cutoff, keep Solicitors Accounts in its official context and reject any answer that imports an FLK1 rule as the controlling subject.
Treating every failed express trust as the same type of resulting trust.
Guardrail: Check the sitting-specific law cutoff, keep Solicitors Accounts in its official context and reject any answer that imports an FLK1 rule as the controlling subject.
Memory anchors
Express and Resulting Trusts: scope
Certainties, formalities, constitution, volunteer exceptions, beneficial interests, Saunders v Vautier, purpose trusts and resulting trusts.
Express and Resulting Trusts: focus 1
Apply certainty of intention, subject matter and objects to fixed and discretionary trusts.
Express and Resulting Trusts: focus 2
Test formalities and constitution of an inter vivos trust and the Re Rose, Strong v Bird and Choithram exceptions to imperfect transfer.
Express and Resulting Trusts: focus 3
Classify fixed, discretionary, vested and contingent interests and apply Saunders v Vautier.
Express and Resulting Trusts: focus 4
Distinguish charitable from non-charitable purpose trusts and automatic from presumed resulting trusts.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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