Did the settlor truly mean to create a trust, or was it just a gift or a suggestion?
Where Common Law provides damages (money), Equity provides specific performance or injunctions. 2. The Essence of a Trust
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.
Is it clear exactly who the beneficiaries are? 4. Why Use Trusts? Trusts are versatile tools used for:
"Equity will not suffer a wrong to be without a remedy."
Promoting public benefits (education, poverty relief, religion).
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.