EQUITY AND TRUSTS- EXAM QUESTIONS AND
ANSWERS-THE TRUST CONCEPT (2025/2026)
1. definition and nature of a trust
q1. according to maitland, a trust primarily involves:
a. a contractual promise enforceable at common law
b. legal ownership without obligations
c. rights exercised on behalf of another or a purpose
d. a gift subject to conditions - answer-answer-c. rights exercised
on behalf of another or a purpose
1. definition and nature of a trust
q2. why is defining a trust considered difficult by commentators
such as hanbury and martin?
a. trusts are purely statutory
b. trusts lack enforceability
c. the concept has evolved and varies across contexts
d. trusts only apply to land - answer-answer-c. the concept has
evolved and varies across contexts
2. recognition of trusts act 1987
q3. under s.1 recognition of trusts act 1987, a trust must involve:
a. only inter vivos transfers
b. assets under a trustee's control for beneficiaries or purposes
c. a written declaration
d. at least two trustees - answer-answer-b. assets under a
trustee's control for beneficiaries or purposes
3. types of trusts
q4. which of the following is not an express trust?
a. fixed trust
b. discretionary trust
c. resulting trust
, d. inter vivos trust - answer-answer-c. resulting trust
4. express trusts
q5. an express trust is best described as:
a. a trust imposed by law regardless of intention
b. a trust inferred from conduct
c. a trust deliberately created by the settlor
d. a trust arising from wrongdoing - answer-answer- c. a trust
deliberately created by the settlor
5. functions of the trust
q6. which of the following is not a traditional function of a trust?
a. asset partitioning
b. charity
c. criminal liability avoidance
d. estate planning - answer-answer- c. criminal liability avoidance
6. historical development: uses
q7. the medieval "use" primarily developed to:
a. avoid criminal sanctions
b. simplify feudal landholding obligations
c. replace wills
d. enforce common law estates - answer-answer-b. simplify
feudal landholding obligations
6. historical development: uses
q8. why were uses initially not recognised by common law?
a. they lacked trustees
b. they were based on conscience rather than title
c. they required writing
d. they involved personal property - answer-answer-b. they were
based on conscience rather than title
7. statute of uses 1536
q9. the statute of uses 1536 sought to:
ANSWERS-THE TRUST CONCEPT (2025/2026)
1. definition and nature of a trust
q1. according to maitland, a trust primarily involves:
a. a contractual promise enforceable at common law
b. legal ownership without obligations
c. rights exercised on behalf of another or a purpose
d. a gift subject to conditions - answer-answer-c. rights exercised
on behalf of another or a purpose
1. definition and nature of a trust
q2. why is defining a trust considered difficult by commentators
such as hanbury and martin?
a. trusts are purely statutory
b. trusts lack enforceability
c. the concept has evolved and varies across contexts
d. trusts only apply to land - answer-answer-c. the concept has
evolved and varies across contexts
2. recognition of trusts act 1987
q3. under s.1 recognition of trusts act 1987, a trust must involve:
a. only inter vivos transfers
b. assets under a trustee's control for beneficiaries or purposes
c. a written declaration
d. at least two trustees - answer-answer-b. assets under a
trustee's control for beneficiaries or purposes
3. types of trusts
q4. which of the following is not an express trust?
a. fixed trust
b. discretionary trust
c. resulting trust
, d. inter vivos trust - answer-answer-c. resulting trust
4. express trusts
q5. an express trust is best described as:
a. a trust imposed by law regardless of intention
b. a trust inferred from conduct
c. a trust deliberately created by the settlor
d. a trust arising from wrongdoing - answer-answer- c. a trust
deliberately created by the settlor
5. functions of the trust
q6. which of the following is not a traditional function of a trust?
a. asset partitioning
b. charity
c. criminal liability avoidance
d. estate planning - answer-answer- c. criminal liability avoidance
6. historical development: uses
q7. the medieval "use" primarily developed to:
a. avoid criminal sanctions
b. simplify feudal landholding obligations
c. replace wills
d. enforce common law estates - answer-answer-b. simplify
feudal landholding obligations
6. historical development: uses
q8. why were uses initially not recognised by common law?
a. they lacked trustees
b. they were based on conscience rather than title
c. they required writing
d. they involved personal property - answer-answer-b. they were
based on conscience rather than title
7. statute of uses 1536
q9. the statute of uses 1536 sought to:
