The Law of Trusts

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Overview


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: 9780198298946
  • Publisher: Oxford University Press, USA
  • Publication date: 4/14/2005
  • Pages: 2058
  • Product dimensions: 9.70 (w) x 7.20 (h) x 2.50 (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

Sect. 1 General principles of the law of trusts
Introduction : the scope of the book 5
1 The nature of the trust 13
2 The three certainties 55
3 Certainty of subject matter 75
4 Certainty of objects 101
5 The constitution of an express private trust 125
6 Trusts for non-charitable purposes : the beneficiary priciple 153
7 The nature of a beneficiary's interest 173
8 Trusts with unlawful purposes : the rules against perpetuities, against inalienability, and against excessive accumulations 201
9 Trusts and insolvency 253
10 The duties of trustees : part one 307
11 The duties of trustees : part two 361
12 Disclosure of information by trustees 415
13 The powers of trustees : part one 435
14 The powers of trustees : part two 451
15 Delegation by trustees 499
16 Powers of revocation 533
17 Disclaimer, release, and extinguishment of powers 545
18 The excessive execution of a power 563
19 Fraud of a power 579
20 The judicial review of the exercise of trustees' discretions 613
21 Rights of trustees 633
22 Death, retirement, removal, and appointment of trustees 657
23 Particular trustees and protectors 701
24 Variation and amendment of trusts 717
25 An introduction of trusts implied by law 747
26 Resulting trusts 783
27 Constructive trusts in response to unconscionable behaviour 841
28 Constructive trust to enforce agreements 877
29 Constructive trusts in response to abuse of fiduciary position 913
30 The liability of strangers to account as constructive trustees 959
31 Avoidance of breach of trust 1009
32 Trustees' liability for breach of trust 1025
33 Tracing and proprietary claims 1071
Sect. 2 Specific trusts
34 Private client trusts : inheritance tax and interest in possession trusts 1137
35 Accumulation and maintenance trusts 1149
36 Discretionary trusts and disabled trusts 1159
37 Testamentary trusts 1165
38 Offshore asset protection trusts 1183
39 Offshore purpose trusts 1239
40 The Cayman Islands' STAR trust; the British Virgin Islands Special Trusts Act 2003 1291
41 International trusts : choice of law 1315
42 Jurisdiction, remedies, and the recognition and enforcement of foreign judgments 1377
43 Nature and structure of occupational pension scheme trusts 1415
44 Trusteeship and duties of trustees of occupational pension scheme trusts 1433
45 Legislation affecting benefits 1459
46 Amendment termination, and regulation of occupational pension schemes 1479
47 Trustees in the law of finance 1505
48 Trusts of financial instruments and of money 1521
49 Trusts used to take security in commercial transactions 1535
50 Trusts in relation to debt securities 1559
51 Unit trusts 1573
52 Investment of private express trusts 1595
53 Trusts which conduct a business 1649
54 Fiduciary liability in the creation of financial and commercial transactions 1665
55 Trusts and the termination of contracts 1681
56 Trusts of the family home 1693
57 Trusts of land 1749
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