Subjects:

Equity and Trusts, Equity and Trusts

Contents:

Part I. Introductory

1. Historical Introduction

2. Equitable Remedies in Modern English Law

3. Equity and the Law of Property

4. Equitable Obligations: Trusts and Powers

5. Equity and the Management of Property

Part II: Creating the Relationship

6. Substantive and Formal Requirements for the Creation of Express Trusts

7. Secret Trusts

8. Resulting Trusts

9. Constructive Trusts

10. Proprietary Estoppel

11. Mutual Wills

Part III: Allocation of Benefit

12. Introduction to Allocation

13. Defined Interests

14. Powers of Advancement and Maintenance

15. Powers of Appointment and Redistribution

16. Discretionary Trusts

17. Variation of Beneficial Interests

18. Charities

19. Winding up of Funds

Part IV: Asset Management

20. Holding Trusts and Nominee Holdings

21. Management Powers

22. Investment and Reinvestment

23. Collective Assets and Investment

24. Delegation by Trustees

25. Appointment, Removal and Retirement of Trustees

26. Accountability of Trustees

Part V: Checks and Controls

27. Controls of Trusts and Trustees

28. Remedies Against the Trustee for Breach of Trust

29. Fiduciary Position of Trustees

30. Remedies Against Strangers to the Trust

31. Tracing

Index

The fourth edition of The Law of Trusts and Equitable Obligations has been fully updated to include coverage of the Charities Bill 2005, the Civil Partnersip Act 2004, developments in the law surrounding constructive trusts and proprietory estoppel, equitable remedies regarding confidentiality, and the use of injunctions, and new cases relating to the right to access documents. The Law of Trusts and Equitable Obligations provides comprehensive coverage of the syllabi for the overwhelming majority of degree level courses on the law of equity and trusts. It offers students a stimulating, contemporary perspective on a subject that is often perceived to be anachronistic, dry, abstract, academic, remote and difficult.

The law of trusts is examined from a modern conceptual perspective and students are introduced to areas where trusts enjoy practical significance. This text is accessible for students without sacrificing detailed critical comment, and engages with cutting edge issues, particularly the relationship between the Law of Property and the Law of Restitution. Written in a lively and stimulating style and supported by a strong analytical framework, this book presents the law of trusts in a relevant and exciting manner.

New to this edition:-

• Fully updated to include coverage of the Charities Bill 2005, the Civil Partnersip Act 2004, developments in the law surrounding constructive trusts and proprietory estoppel, equitable remedies regarding confidentiality, and the use of injunctions, and new cases relating to the right to access documents.
• A new Online Resource Centre contains updates to the text, assisting students to follow developments in the law between editions
• Written in a lively and stimulating style and supported by a strong analytical framework, this book presents the law of trusts in a contemporary context, ensuring students engage with the subject
• Includes detailed treatment of contemporary issues of academic debate, ensuring the reader is kept up to date with the latest developments and critical thought in the area