Thomas on Powers

Hardcover | March 14, 2012

byGeraint Thomas

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Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying theproblems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet and Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage ofoffshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams".Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion ofcase law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around thecreation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies;and the relationship between fiduciary powers in private law and powers exercised by public bodies.

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Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying theproblems commonly encountered by practition...

Professor Geraint Thomas's research interests focus upon all aspects of domestic and overseas trusts (including estate planning, taxation of trusts, pension trusts and offshore trusts). Professor Thomas practised at the Chancery Bar for over twenty years. Reported cases include: Re Poulton's Will Trusts (1987) 1 WLR 795 (powers of app...

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Format:HardcoverDimensions:1068 pagesPublished:March 14, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199539693

ISBN - 13:9780199539697

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Table of Contents

Preface1. Introduction: Definitions and Classification2. Rules of Interpretation3. Creation of Powers4. Certainty of Objects5. Powers and the Rules against Perpetuities and Excessive Accumulations6. The Delegation of Powers7. Exercise of Powers8. The Excessive Execution of a Power9. Fraud on a Power10. The Duties of Donees11. Judicial Review of the Exercise of Powers and Discretions12. Conflict of Interests13. Rectification and Rescission14. Contingent and Determinable Powers15. Powers of Revocation16. Powers of Amendment17. Disclaimer, Release and Extinguishment of Powers

Editorial Reviews

"It should sit next to Underhill and Hayton's The Law of Trusts and Trustees in every pension lawyer's library" --David Pollard