The Law of Trusts

Hardcover | April 11, 2010

EditorGeraint Thomas, Alastair Hudson

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This new edition of The Law of Trusts provides comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice. The book has been fully revised and updated to take into account recent legislation and case law from key trust jurisdictions, and to include new material on the rule in Hastings-Bass; different applications of the constructive trust; trustees' liability for breach of trust; the taxation of trustsand estate planning; trusts of pension schemes and financial regulation. It also contains expanded material on areas that have recently grown in importance, such as the emergence of shams and retention of control of trust assets by the settlor; and the growing use of Special Purpose Vehicles inoffshore commercial dealings. 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 thegeneral 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 ofpractice, supported by contributions from key specialists.

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From the Publisher

This new edition of The Law of Trusts provides comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice. The book has been fully revised and updated to take into account recent legislation and case law from key trust jurisdictions, and to include new material on the rule...

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 The International Trust 2e (Jordans). Alastair Hudson is Professor of Equity and Law at Queen Mary, University of Lond...

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Format:HardcoverDimensions:1800 pages, 9.69 × 6.73 × 0.1 inPublished:April 11, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019955028X

ISBN - 13:9780199550289

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Table of Contents

Book One: General PrinciplesPart 1: Introduction to the Law of Trusts1. Introduction: The Scope of the Book2. The Nature of the TrustPart 2: Express Private Trusts3. The Creation of an Express Private Trust4. The Constitution of an Express Private Trust5. The Beneficiary Principle6. The Interpretation of Trusts7. Trusts with Unlawful Purposes8. Trusts and Creditors9. Nature of Beneficiaries' Rights and Interests Under, and Forms of, Express Private TrustsPart 3: The Duties and Powers of Trustees10. Appointment etc. of Trustees11. The Duties of Trustees12. Powers of TrusteesPart 4: The Variation of Trusts13. The Variation of TrustsPart 5: Judicial Review of Trustees' Actions14. Control of Express TrusteesPart 6: Trusts Implied by Law15. Resulting Trusts16. Constructive Trusts - Introductory17. Constructive Trusts in Response to Unconscionable Behaviour18. Constructive Trusts to Enforce Agreements19. Constructive Trusts in Response to Abuse of Fiduciary Position20. Intermeddlers with the Trust Construed to be Liable as Through Trustees21. Secret Trusts22. Equitable Proprietary Claims, Estoppel, and Quasi-TrustsPart 7: Breach of Trust23. Trustees' Liability for Breach of Trust24. Liability of Strangers to the Trust25. Tracing at Common Law and in EquityBook Two: Specific TrustsPart 8: Private Client Trusts26. Interest in Possession Trusts27. Discretionary Trusts28. Accumulation and Maintenance Trusts29. Will TrustsPart 9: Insolvency and Trusts30. Asset Protection Trusts31. Quistclose Trusts32. Retention of TitlePart 10: International Trusts33. International Recognition of Trusts34. Conflict of Laws and Trusts35. Jurisdiction and Enforcement of Foreign Judgments36. Offshore Purpose TrustsPart 11: Occupational Pension Fund Trusts37. Structure of Occupational Pension Provision - Trust and Contract38. Creation39. Interests and Rights of Members and Beneficiaries in the Pension Fund40. Duties and Powers of Pension Fund Trustees41. SurplusesPart 12: Trusts in Financial Transactions42. Introduction: The Use of Trusts in Financial Transactions43. Trusts Used to Take Security in Financial Transactions44. Trusts of Financial Instruments45. Trustees in Relation to Debt Securities46. Trustees in Collective Investment Schemes47. Private Trusts for Investment Purposes48. Trusts as Contracts in Financial TransactionsPart 13: Trusts Implied in Commerical Contexts49. Fiduciary Liability in Commercial Situations50. Trusts and the Termination of ContractsPart 14: Trusts of Land and of the Home51. Trusts of the Family Home52. Trusts of Land

Editorial Reviews

"The Authors of this new work on trusts are to be congratulated for ploughing a new furrow among textbooks in this field...The creation of trusts, the power and duties of trustees, trusts implied by law and breach of trust are all addressed with a clarity and depth which certainly thisreviewer could only have wished for when first encountering the principles of equity many years ago...The work is both scholarly and practical. I have found myself reaching for it on several occasions already. It is bound in due course to become a classic taking its place among the great names ofequity." --Patrick Hamlin (Principal of the contentious trust and probate group at Withers LLP), Solicitors Journal