While the concept of a trust-like arrangement can be traced back to Roman law, they were used in England by 12th century by the Knights of the Crusades who wished to protect and manage their lands. They did this by transferring the legal title to a trusted individual (a trustee) under an arrangement known as cestui que use – he for whose benefit.
Upon returning, some knights found that the trustees refused to return their land, leading to disputes. These cases were taken to the King’s Court of Chancery, which ruled that the trustee must act in good conscience and return the property to its rightful owner or beneficiary.
The Statute of Uses (1535)
By the 15th Century, landowners began using trusts (or ‘Uses’) to avoid feudal dues and taxes. In response, King Henry VIII enacted the Statute of Uses (1535) to prevent trusts from bypassing feudal obligations. However, legal experts found ways around the law, leading to the evolution of the modern trust system.
The Modern Trust System & the Recognition of Trusts Act 1987
Trusts became an essential part of English Equity Law (Laws of Equity is a body of law) enforced by the Court of Chancery. By the 20th century, trusts became a key tool in estate planning, wealth management and legal tax avoidance. The rise of offshore financial centers in places like the Cayman Islands, Jersey, Panama and the British Virgin Islands allowed individuals to create trusts for privacy, tax efficiency and asset protection.
Trusts operate under the The Laws of Equity – a set of legal principles that originated in England as a way to supplement and correct the rigidity of Common Law. The Laws of Equity focus on fairness, justice, and conscience rather than strict legal rules.
- Common Law – civil, criminal, maritime
- The Common Law – trial by jury
Trusts are protected by the Recognition of Trusts Act 1987 which binds the Crown and all Crown servants.