Held by the Beneficiary , who enjoys the fruits of the property. 3. The "Three Certainties"
represents one of the most sophisticated and intellectually rewarding branches of the legal system. It is the study of how conscience and fairness interact with rigid legal rules to ensure justice isn't just a formula, but a reality. 1. What is Equity? Equity and the Law of Trusts
Did the settlor truly mean to create a trust, or was it just a gift or a suggestion? Held by the Beneficiary , who enjoys the
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. It is the study of how conscience and
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.
Where Common Law provides damages (money), Equity provides specific performance or injunctions. 2. The Essence of a Trust
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.