Subjects:

Equity and Trusts

Contents:

BOOK ONE:

GENERAL PRINCIPLES

PART 1:

INTRODUCTION TO THE LAW OF TRUSTS

1 Introduction: The Scope of the Book

2 The Nature of the Trust

PART 2:

EXPRESS PRIVATE TRUSTS

3 The Creation of an Express Private Trust

4 The Constitution of an Express Private Trust

5 The Beneficiary Principle

6 The Interpretation of Trusts

7 Trusts with Unlawful Purposes

8 Trusts and Creditors

9 Nature of Beneficiaries' Rights and Interests Under, and Forms of, Express Private Trusts

PART 3:

THE DUTIES AND POWERS OF TRUSTEES

10 Appointment etc. of Trustees

11 The Duties of Trustees

12 Powers of Trustees

PART 4:

THE VARIATION OF TRUSTS

13 The Variation of Trusts

PART 5:

JUDICIAL REVIEW OF TRUSTEES' ACTIONS

14 Control of Express Trustees

PART 6:

TRUSTS IMPLIED BY LAW

15 Resulting Trusts

16 Constructive Trusts - Introductory

17 Constructive Trusts in Response to Unconscionable Behaviour

18 Constructive Trusts to Enforce Agreements

19 Constructive Trusts in Response to Abuse of Fiduciary Position

20 Intermeddlers with the Trust Construed to be Liable as Though Trustees

21 Secret Trusts

22 Equitable Proprietary Claims, Estoppel, and Quasi-Trusts

PART 7:

BREACH OF TRUST

23 Trustees' Liability for Breach of Trust

24 Liability of Strangers to the Trust

25 Tracing at Common Law and in Equity

BOOK TWO:

SPECIFIC TRUSTS

PART 8:

PRIVATE CLIENT TRUSTS

26 Interest in Possession Trusts

27 Discretionary Trusts

28 Accumulation and Maintenance Trusts

29 Will Trusts

PART 9:

INSOLVENCY AND TRUSTS

30 Asset Protection Trusts

31 Quistclose Trusts

32 Retention of Title

PART 10:

INTERNATIONAL TRUSTS

33 International Recognition of Trusts

34 Conflict of Laws and Trusts

35 Jurisdiction and Enforcement of Foreign Judgments

36 Offshore Purpose Trusts

PART 11:

OCCUPATIONAL PENSION FUND TRUSTS

37 Structure of Occupational Pension Provision - Trust and Contract

38 Creation

39 Interests and Rights of Members and Beneficiaries in the Pension Fund

40 Duties and Powers of Pension Fund Trustees

41 Surpluses

PART 12:

TRUSTS IN FINANCIAL TRANSACTIONS

42 Introduction: The Use of Trusts in Financial Transactions

43 Trusts Used to Take Security in Financial Transactions

44 Trusts of Financial Instruments

45 Trustees in Relation to Debt Securities

46 Trustees in Collective Investment Schemes

47 Private Trusts for Investment Purposes

48 Trusts as Contracts in Financial Transactions

PART 13:

TRUSTS IMPLIED IN COMMERCIAL CONTEXTS

49 Fiduciary Liability in Commercial Situations

50 Trusts and the Termination of Contracts

PART 14:

TRUSTS OF LAND AND OF THE HOME

51 Trusts of the Family Home

52 Trusts of Land

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.