FE-1 Study Guide 2026

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📚 FE-1 Topics to Study (24)

✍️ Sample FE-1 Questions & Answers

1. What is an express trust and what are the three certainties required for its valid creation in Irish equity?
Certainty of intention (clear intention to create a trust), certainty of subject matter (the property to be held on trust), and certainty of objects (the beneficiaries or purpose must be identifiable)

Knight v Knight [1840] established the three certainties for a valid express trust. Without all three the trust fails: intention (language must show trust was intended, not a gift or debt), subject matter (identifiable property), and objects (beneficiaries or purpose sufficiently certain to be executed).

2. What is the separation of powers doctrine and how is it reflected in the Irish Constitution?
The Constitution distributes power between the legislature (Oireachtas), executive (Government), and judiciary (courts), with each branch limited to its own sphere

The separation of powers under the Irish Constitution distributes legislative power to the Oireachtas (Article 15), executive power to the Government (Article 28), and judicial power exclusively to the courts (Article 34). Each branch is prevented from encroaching on the others.

3. Under Irish law, what is the offence of manslaughter?
An unlawful killing that does not amount to murder, either through lack of intent (involuntary) or due to provocation/excessive self-defence (voluntary)

Manslaughter in Irish law is divided into voluntary manslaughter (where the killing would otherwise be murder but is reduced due to provocation or excessive self-defence) and involuntary manslaughter (where the killing is unlawful but lacks the intent required for murder).

4. The standard for 'dishonest assistance' liability in a breach of fiduciary duty, as set out in Royal Brunei Airlines v Tan [1995], requires that the assisting third party acted in what manner?
Dishonestly by the standards of honest and reasonable people

Royal Brunei Airlines v Tan established that liability for dishonest assistance requires the defendant to have been subjectively dishonest, assessed by the objective standard of what an honest person would have done in the circumstances.

5. What is joint enterprise liability in Irish criminal law?
Where two or more persons participate in a common criminal purpose, each may be liable for offences committed in furtherance of that purpose

Under the doctrine of joint enterprise, where persons share a common purpose to commit an offence, each participant may be convicted of that offence and of any other offence committed in the course of carrying out the common purpose that was a probable consequence.

6. What are the duties of a trustee under Irish equity and the Trustee Act 1893 (as amended)?
Trustees must: follow the trust instrument, act in the interests of all beneficiaries, exercise the standard of care of a prudent investor, avoid conflicts of interest, keep accounts, and act unanimously (unless authorised otherwise)

Trustees are fiduciaries with onerous obligations: strict adherence to the trust terms, no unauthorised profit from their position, investment duty (prudent investor standard under Trustee Act amendments), duty to account, and duty of impartiality between beneficiaries.

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