The Law of Trusts / Edition 2

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This is a major new reference work on the law of trusts, providing comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice.

The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts. Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and trusts of land. This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists.

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Editorial Reviews

From the Publisher

"...the authors ought to be congratulated for successfully setting out the massive amount of black-letter rules in an easily readable manner."

Look Chan Ho, The Cambridge Law Journal

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Product Details

  • ISBN-13: 9780199550289
  • Publisher: Oxford University Press, USA
  • Publication date: 5/20/2010
  • Edition number: 2
  • Pages: 1800
  • Product dimensions: 9.80 (w) x 7.10 (h) x 2.40 (d)

Meet the Author

Geraint Thomas is Professor of Equity and Property Law at Queen Mary, University of London. He practised at the Chancery Bar for over 20 years (specializing in all aspects of the law of trusts) and is joint editor of International Trusts Law. Alastair Hudson is Professor in Equity and Law at Queen Mary, University of London. He has previously held the position of Lecturer in Law at King's College London and is joint editor of Palmer's Company Law.

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Table of Contents

Section One: Gerneral Principles of the Law of Trusts
Part A: introduction to the Law of Trusts
Introduction: The Scope of the Book
1. The Nature of the Trust
Part B: Express Private Trusts
2. The Three Certainties
3. Certainty of Subject Matter
4. Certainty of Objects
5. The Constitution of an Express Private Trust
6. Trusts for Non-Charitable Purposes: The Beneficiary Principle
7. The Nature of a Beneficary's Interest
8. Trusts with Unlawful Purposes: The Rules Against Perpetuities, Against Inalienability, and Against Excessive Accumulations
Part C: The Duties and Powers of Trustees
10. The Duties of Trustees: Part One
111. The Duties of Trustees: Part Two
12. Disclosure of Information by Trustees
13. The Powers of Trustees: Part One
14. The Powers of Trustees: Part Two
15. Delegation by Trustees
16. Powers of Revocation
17. Disclaimer, Release, and Extinguishment of Powers
18. The Excessive Execution of a Power
19. Fraud on a Power
20. The Judicial Review of the Exercise of Trustee's Discretions
21. Rights of Trustees
22. Death, Retirement, Removal, and Appointment of Trustees
23. Particular Trustees and Protectors
24. Variation and Amendment of Trusts
Part D: Trusts Implied by Law
25. An Introduction to Trusts Implied by Law
26. Resulting Trusts
27. Constructive Trusts in Reponse to Unconscionable Behaviour
28. Constructive Trusts to Enforce Agreements
29. Constructive Trusts in Response to Abuse of Fiduciary Position
30. The Liability of Strangers to Account as Constructive Trustees
Part F: Private Client Trusts
34. Private Client Trusts: Inheritance Tax
35. Interest in Possession Trusts
36. Trusts for Minors and Young Persons
37. Discretionary Trusts
38. Disabled Trusts
39. Testamentary Trusts
Part G: International Trusts
40. Offshore Asset Protection Trusts
41. Offshore Purpose Trusts
42. The Cayman Islands' STAR Trust, the British Virgin Islands Special Trusts Act 2003
43. International Trusts: Choice of Law
44. Jurisdiction, Remedies and the Recognition and Enforcement of Foreign Judgements
Part H: Occupational Pension Schemes
45. Nature and Structure of Occupational Pension Scheme Trusts
46. Trusteeship and Duties of Trustees of Occupational Pension Scheme Trusts
47. Legislation Affecting Benefits
48. Amendment Termination, and Regulation of Occupational Pension Schemes
Part I: Trusts in Financial Transactions
49. Trustees in the Law of Finance
50. Trusts of Financial Instruments and Money
51. Trusts Used to take Security in Commercial Transactions
52. Trusts in Relation to Debt Securities
53. Unit Trusts
54. Investment of Private Express Trusts
Part J: Trusts Used in Commercial Contexts
55. Trusts which Conduct a Business
56. Fiduciary Liability in the Creation of Financial and Commercial Transactions
57. Trusts and the Termination of Contracts
Part K: TRusts of the Land and of Home
58. Trusts of the Family Home
59. Trusts of Land

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