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FLK2 · SQE1 Subject

SQE1 Trusts: The Complete Revision Guide

Trusts covers express trusts and the three certainties, the formalities for creating and constituting a trust, resulting and constructive trusts (including the family home), trustees' powers and duties, and the remedies for breach of trust including tracing. It is one of the more technical FLK2 subjects.

How Trusts is examined in SQE1

Questions ask whether a valid trust exists, whether the certainties are satisfied, whether a resulting or constructive trust arises, or what remedy a beneficiary has for a breach. Family-home cases are a frequent theme.

The 8 Trusts subtopics

Every area of the Trusts syllabus, each with its own in-depth guide:

Express trusts & the three certaintiesCertainty of intention, subject matter and objects.Formalities & constitutionConstituting a trust and the 'equity will not assist a volunteer' rule.Purpose & charitable trustsThe beneficiary principle and charitable purposes.Resulting & constructive trustsWhen each arises and how they operate.Trusts of the family homeCommon intention constructive trusts and quantification.Trustees' powers & dutiesInvestment, delegation and the duty of care.Breach of trust & remediesPersonal and proprietary remedies against trustees.Tracing & third-party liabilityFollowing and tracing; knowing receipt and dishonest assistance.

How to revise Trusts

  • Learn the three certainties and the consequences of each failing.
  • Know when resulting and constructive trusts arise, and the family-home case law.
  • Understand the personal and proprietary remedies for breach, and the basics of tracing.

Trusts SQE1 FAQ

Is Trusts on SQE1?

Yes. Trusts is one of the 13 subjects assessed in SQE1, examined in FLK2 through single best answer multiple choice questions.

How is Trusts examined in SQE1?

Questions ask whether a valid trust exists, whether the certainties are satisfied, whether a resulting or constructive trust arises, or what remedy a beneficiary has for a breach. Family-home cases are a frequent theme.

How should I revise Trusts for SQE1?

Work through each subtopic, understand how it is tested, and practise exam-style questions under time. The LearnSQE course covers every Trusts subtopic with a video lesson, notes, practice and a topic mock.

Learn Trusts properly

Video lessons, practice and a topic mock for every subtopic — in the LearnSQE course.

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