Equity is not a separate set of rules designed to replace the law; it exists to it. Originating in the English Court of Chancery, Equity was developed to mitigate the "harshness" of the Common Law.
The Trustee is held to the highest standard of conduct known to the law. They must act with , avoiding any conflict of interest and never profiting from their position unless specifically authorized. Equity and the Law of Trusts
For a private express trust to be valid, it must satisfy the requirements established in Knight v Knight : Equity is not a separate set of rules
"Equity will not suffer a wrong to be without a remedy." They must act with , avoiding any conflict
Equity and Trusts ensure that the law remains "human." By recognizing that the person whose name is on the deed might not be the person who truly "owns" the value, the law protects the vulnerable and honors the true intentions of property owners.
Where Common Law provides damages (money), Equity provides specific performance or injunctions. 2. The Essence of a Trust
Safeguarding wealth from creditors or mismanagement. Tax Planning: Managing inheritance tax and capital gains.