Reconciling the Case Law Under the Certainty of Subject Matter Requirement in the Law of Trusts

Argues that the modern cases on 'fungible' property have taken the incorrect approach, and instead there is no such exception to the requirement of separating trust property from non-trust property. The proper analysis of these cases is that they are instances of equitable assignment, and the reason why equitable assignments do not arise where the subject matter consists of goods is attributable to the comprehensive set of rules developed under statute.

Publication Details

Journal
Aston Publications Explorer (Aston University)
Published
2026-04-16
Primary Topic
Legal principles and applications
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article
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article

Reconciling the Case Law Under the Certainty of Subject Matter Requirement in the Law of Trusts

Aston Publications Explorer (Aston University)
Legal principles and applications
article

Reconciling the Case Law Under the Certainty of Subject Matter Requirement in the Law of Trusts

article en

Abstract

Argues that the modern cases on 'fungible' property have taken the incorrect approach, and instead there is no such exception to the requirement of separating trust property from non-trust property. The proper analysis of these cases is that they are instances of equitable assignment, and the reason why equitable assignments do not arise where the subject matter consists of goods is attributable to the comprehensive set of rules developed under statute.

Aston Publications Explorer (Aston University)
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Legal principles and applications
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Reconciling the Case Law Under the Certainty of Subject Matter Requirement in the Law of Trusts · Aston Publications Explorer (Aston University) (2026) | TGRS Research Map | TGRS