The Trustee Act 2000 enables professional trustees to charge for their services, which is both desirable and an improvement on the law that came before. Critically evaluate this statement.

Learning outcomes

The EMA tests the following learning outcomes:

demonstrate independent research skills

plan and write a research essay

demonstrate knowledge and understanding of the law of equity and trusts as it relates to the essay topic

critically evaluate relevant legal subject matter and contexts.

Guidance notes

The aim is to plan, research and write an essay that critically discusses the given topic. In planning your essay, you are encouraged to review the various critical methods, ideas and themes explored throughout W302, and to look again especially at the trusts section of the

module. You must demonstrate independent research skills that expand on and do not simply describe or restate the information, methods, ideas and themes discussed in the module materials. You have a few weeks in which to plan, research, and write your essay, so use that time to investigate the topic thoroughly, develop your curiosity, and think creatively about your argument(s), including how you will make them incisive, coherent, and engaging to the reader.

This EMA derives from the law of England and Wales. Therefore your essay must focus on those laws, although you are free to compare and contrast with laws in other jurisdictions, where you believe and can demonstrate that they are relevant to your answer. The sources that you rely on for your essay must be legitimate and appropriate. Direct references to legislation and material from peer-reviewed journals is always preferable to content from forums or other random internet sources. The OU Library gives you access to research material so you should aim to use this invaluable resource.

Throughout W302 you have been encouraged to think about law in different contexts, including in relation to politics and economics, and this assessment is an opportunity for you to show the knowledge and skills you have learnt. To that end, the topic you are asked to discuss may appear to be fairly specific, but critical evaluation means paying close attention to the different parts of the statement, what the statement is saying, including the judgements it is making before presenting your findings, as far as possible, in your own voice. You may agree or disagree with the statement and the values it promotes, but either point of view must be planned, presented, and supported appropriately. This means your arguments must be clearly stated, coherent, well-reasoned and supported with legitimate evidence. You must plan and structure your essay correctly, including with an introduction and conclusion, making sure to provide signposts for your audience (reader/marker) to help them navigate your essay from start to finish, and provide full and accurate references throughout.

W302 encourages curiosity, but it is important that you do not allow your research to become overly broad, lose focus and overwhelm you. It is far better to discuss one point in depth than it is to discuss many points superficially. If you put together an excellent plan and, importantly, stick to it you will be on the right track for an excellent mark. Good time management is essential to completing the task on time and with confidence. You must submit the Research essay plan template along with your finished essay. The plan will need to show the research you have undertaken, and the decisions made on the road to completing your essay in the form of a research diary. The reflective component of the plan asks you to consider how your essay and plan correspond. The final part of the plan is to write an abstract. This is a short description of the essay that will enable the reader to quickly gauge what it is about.

Do not worry about the essay plan, I can sort that

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