FE-1 Study Guide 2026

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).

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.

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).

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.

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.

Section 4 of the Statute of Frauds (Ireland) 1695 requires that an express trust of land be manifested and proved in writing signed by the settlor or their authorised agent.