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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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International Trust Laws 2nd ed

ISBN13: 9780198754220
Previous Edition ISBN: 9780199551620
Published: March 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £225.00

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International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts.

The book combines academic rigour and analysis with a practical focus on trusts in the real world, including assets which modern settlors wish to envelop in a trust; liability concerns of trustees; and the governance, command, and control mechanisms which increasingly form the largest feature of trust creation.

It also provides valuable background for trust law practitioners, whether they advise on trusts, draft trust documents, or litigate trust-related matters.

The new edition has been fully revised and updated to address important developments in case law and legislation, including:-

  • the UK Supreme Court decision on the "rule in Hastings-Bass" (Pitt and Futter cases),
  • the Privy Council decision on 'reserved powers trusts' (TMSF),
  • decisions on forced heirship issues in Jersey and Guernsey,
  • decisions on 'asset protection trusts' in the US,
  • the Trusts (Amendment N. 5) (Jersey) Law 2012 and Trusts (Amendment N. 6) (Jersey) Law 2013,
  • Hong Kong's Trust Law (Amendment) Ordinance 2013,
  • the Virgin Islands Special Trusts (Amendment) Act 2013 and Trustee (Amendment) Act 2013,
  • Cyprus' International Trusts (Amendment) Law 2012
  • Cayman Islands, Trusts Law (2011 Revision),
  • and amendments to the trusts law of New Zealand.
It also offers new coverage of the retirement, removal, and appointment of trustees, with a special emphasis on trustee indemnity; and the recognition of trusts in non-trust jurisdictions (civil law jurisdictions, Eastern Europe, Islamic countries, and China).

Equity and Trusts, Banking and Finance
Part I: Creation of Trusts
1: Creation and Validity of Trusts: The Settlor's Intention

Part II: The Powers and Duties of Trustees
2: Trustee Investments: Powers and Duties
3: Delegation of Trustee Functions
4: The Business Enterprise as a Trust Asset
5: Dispositive Powers and the Rule in Hastings-Bass

Part III: Trustee Liability
6: Trustee Liability to Third Parties
7: Trustee Exemption Clauses
8: Trustees' Renumeration and Expenses

Part IV: Control Mechanisms
9: Disclosure of Information to the Beneficiaries and Letters of Wishes
10: Protectors

Part V: Special Uses of Trusts
11: Protection from Heirs and Creditors
12: Non-Charitable Purpose Trusts