ABSTRACT
The roots of the trust, as considered above, are in equity’s control of the conscience of the trustee. These principles were developed in relation to trusts over land and, primarily, over family homes. In time, trusts were also used to allocate rights to other property, such as money, family businesses and so forth. As such the judiciary took the view that it ought to protect the beneficiaries above all else because the beneficiaries’ entire livelihood was usually what was at issue. However, the trust device is deployed in a broader range of circumstances than in relation to these early family trusts.
