Subjects:

Equity and Trusts

Contents:

1 Introduction to Equity and Trusts

2 Understanding Trusts

3 Capacity and Formality Requirements

4 Certainty Requirements

5 The Constitution of Trusts

6 Perpetuities and Public Policy Limitations on the Formation of Trusts

7 Purpose Trusts

8 Charitable Trusts

9 Variation of Trusts

10 Trustee Appointments

11 The Nature of Trusteeship

12 Trustees' Duties

13 Maintenance and Advancement

14 Investment

15 Breach of Trust: Defences and Relief

16 Resulting and Constructive Trusts

17 Informal Trusts of Land

18 Tracing

19 The Equitable Liablity of Strangers to the Trust

Trusts Textbook is an accessible text that sets out in clear and comprehensive terms the essential content of undergraduate degree courses in trusts. The nature and history of equity is also considered in detail and equitable remedies are discussed throughout the context of trusts law. The text elucidates the relationship between trusts, property, contract and restitution to enable students to map out conceptual connections between competing legal ideas.

There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially-significant role of trusts and equity. A number of features are used throughout the book to enable the students to work interactively with the text, allowing them to test their knowledge and check their understanding of the law. These features include self-assesssment questions and exercises, chapter summaries, diagrams and guides to further reading. A glossary of key terms is also included.

This new edition has been fully revised and updated to incorporate all major developments since the last edition, including the Charities Bill 2004, the Civil Partnerships Bill 2004, Inland Revenue proposals for the reform of trusts taxation (2004) and Law Commission proposals on the apportionment of capital and income (2004) and the forfeiture rule (2003). Also new to this edition are around thirty new cases on subjects as diverse as mortgage fraud, money laundering, tax avoidance, defrauding trade creditors, solicitors acting in conflict of interest and disputes over domestic property.

• Incorporates all major developments since the last edition, including the Charities Bill 2004, the Civil Partnerships Bill 2004, Inland Revenue proposals for the reform of trusts taxation (2004) and Law Commission proposals on the apportionment of capital and income (2004) and the forfeiture rule (2003) Includes coverage of around thirty new cases on subjects as diverse as mortgage fraud, money laundering, tax avoidance, defrauding trade creditors, solicitors acting in conflict of interest and disputes over domestic property
• Further coverage of key cases has been introduced into the text to enable the student to gain a complete understanding of the area by referring to the text alone and chapter content has been streamlined to fit even more closely with standard courses
• Pedagogical features new to this edition include chapter summaries to aid revision and understanding, a glossary to assist in understanding terminology specific to the area, further reading lists to encourage and assist in further research, and a walk-through Preface to ensure book and companion web site are used to their full potential. More diagrams have also been included to assist students in understanding various topics
• Online Resource Centre: The companion web site has been thoroughly re-vamped to provide focussed, user-friendly material including further details of key cases discussed in the book, questions and guide answers, updates and web links to related sites.