Your Cart

Equity Regards Beneficiary As True Owner

"Equity regards the beneficiary as the true owner" is a maxim of equity reflecting the underlying concept that the purpose of a trust is to benefit the beneficiary and that the legal ownership held by the trustee is a form of stewardship or fiduciary duty.


Equity recognises that the trustee holds legal title to the trust property for the benefit of the beneficiary. While the trustee has the legal right and responsibility to manage and administer the trust assets, their role is seen as a means to carry out the intentions and protect the interests of the beneficiary.


By regarding the beneficiary as the true owner, equity ensures that the beneficiary's rights and interests take precedence over the legal technicalities of ownership. This principle allows the beneficiary to enforce their equitable rights and seek remedies if the trustee fails to fulfil their obligations or breaches their fiduciary duty.


In practical terms, this means that the beneficiary has the right to enjoy the benefits and income derived from the trust property and can assert their equitable interest in the assets. They may also have the power to direct the trustee's actions or make decisions regarding the trust property, depending on the terms of the trust instrument.


Equity's recognition of the beneficiary as the true owner emphasises the equitable rights and interests of the beneficiary and ensures that the purpose of the trust is fulfilled in accordance with the settlor's intentions.


You can learn more about this topic and relevant case law with our Equity and Trusts notes.

Trusted by thousands of law students worldwide

Where are our students from?

Yale University

Council of Europe

Baker Mckenzie 

University of Chicago

Columbia University

New York University

University of Michigan 

INSEAD

University College London (UCL)

London School of Economics (LSE)

King’s College London (KCL)

University of London

University of Manchester

University of Zurich

University of York

Brandeis University

University of Exeter

University of Sheffield

Boston University

University of Washington

University of Leeds

University of Law

Royal Holloway, University of London 

Birkbeck, University of London

SOAS, University of London

University of Kent

University of Hull

Queen’s University Belfast

Toronto Metropolitan University

Hong Kong University of Science and Technology

Your perfect companion for open-book and closed-book exams

Diagrams and Charts

Our carefully designed diagrams and charts will guide you through complex legal issues.

Clear and Succinct Definitions

Key concepts are concisely defined to help you understand legal topics quickly.

Statutory Provisions

Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

Case Summaries

We have summarised important cases for you so that you don't need to read long and boring cases.

Rules and Exceptions

Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

Terminology

Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

Case Law

Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

Law Essay Guide

You will learn essential law exam skills and essay writing techniques that are not taught in class.

Problem Question Guide

We will show you how to answer problem questions step by step to achieve first-class results.

Structured Explanations

Complex legal concepts are broken down into concise and digestible bullet point explanations.

Legal Research

You will learn legal research techniques with our study guide and become a proficient legal researcher.

Exam-focused

All essential concepts, principles, and case law are included so that you can answer exam questions quickly.