ABSTRACT

The trust is both the most important part of equity1 and the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence,2 according to the legal historian and equity specialist Professor Maitland. The trust has become an instinctively English way of thinking. The trust concept, whether created expressly by ordinary people or imposed by a court to deal with unconscionable behaviour, is one of the fundamental techniques with which English lawyers analyse the world. Its current form is an accident of English history and as much as part of that history as kings and queens, Magna Carta and the Gunpowder Plot.