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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Law of Trusts 2nd ed

ISBN13: 9780199550289
Previous Edition ISBN: 0198298943
Published: March 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £362.50

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Wildy's Book of the Month - April 2010

This new edition of The Law of Trusts provides comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice.

The book has been fully revised and updated to take into account recent legislation and case law from key trust jurisdictions, and to include:-

  • new material on the rule in Hastings-Bass;
  • Different applications of the constructive trust;
  • Trustees' liabililty for breach of trust;
  • The taxation of trusts and estate planning;
  • Trusts of pension schemes and financial regulation.

It also contains expanded material on areas that have recently grown in importance, such as the emergence of shams and retention of control of trust assets by the settlor - and the growing use of Special Purpose Vehicles in offshore commercial dealings

The book is split into two parts: Part One consists of the general principles involved and includes coverage of all aspects of of express private trusts, the duties and powers of trustees, the variation of trusts, trusts implied by law and the 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.

Equity and Trusts
Section One: Gerneral Principles of the Law of Trusts

Part A: introduction to the Law of Trusts
Introduction: The Scope of the Book
1: The Nature of the Trust

Part B: Express Private Trusts
2: The Three Certainties
3: Certainty of Subject Matter
4: Certainty of Objects
5: The Constitution of an Express Private Trust
6: Trusts for Non-Charitable Purposes: The Beneficiary Principle
7: The Nature of a Beneficary's Interest
8: Trusts with Unlawful Purposes: The Rules Against Perpetuities, Against Inalienability, and Against Excessive Accumulations

Part C: The Duties and Powers of Trustees
10: The Duties of Trustees: Part One
111: The Duties of Trustees: Part Two
12: Disclosure of Information by Trustees
13: The Powers of Trustees: Part One
14: The Powers of Trustees: Part Two
15: Delegation by Trustees
16: Powers of Revocation
17: Disclaimer, Release, and Extinguishment of Powers
18: The Excessive Execution of a Power
19: Fraud on a Power
20: The Judicial Review of the Exercise of Trustee's Discretions
21: Rights of Trustees
22: Death, Retirement, Removal, and Appointment of Trustees
23: Particular Trustees and Protectors
24: Variation and Amendment of Trusts

Part D: Trusts Implied by Law
25: An Introduction to Trusts Implied by Law
26: Resulting Trusts
27: Constructive Trusts in Reponse to Unconscionable Behaviour
28: Constructive Trusts to Enforce Agreements
29: Constructive Trusts in Response to Abuse of Fiduciary Position
30: The Liability of Strangers to Account as Constructive Trustees

Part F: Private Client Trusts
34: Private Client Trusts: Inheritance Tax
35: Interest in Possession Trusts
36: Trusts for Minors and Young Persons
37: Discretionary Trusts
38: Disabled Trusts
39: Testamentary Trusts
Part G: International Trusts
40: Offshore Asset Protection Trusts
41: Offshore Purpose Trusts
42: The Cayman Islands' STAR Trust, the British Virgin Islands Special Trusts Act 2003
43: International Trusts: Choice of Law
44: Jurisdiction, Remedies and the Recognition and Enforcement of Foreign Judgements

Part H: Occupational Pension Schemes
45: Nature and Structure of Occupational Pension Scheme Trusts
46: Trusteeship and Duties of Trustees of Occupational Pension Scheme Trusts
47: Legislation Affecting Benefits
48: Amendment Termination, and Regulation of Occupational Pension Schemes

Part I: Trusts in Financial Transactions
49: Trustees in the Law of Finance
50: Trusts of Financial Instruments and Money
51: Trusts Used to take Security in Commercial Transactions
52: Trusts in Relation to Debt Securities
53: Unit Trusts
54: Investment of Private Express Trusts

Part J: Trusts Used in Commercial Contexts
55: Trusts which Conduct a Business
56: Fiduciary Liability in the Creation of Financial and Commercial Transactions
57: Trusts and the Termination of Contracts

Part K: TRusts of the Land and of Home
58: Trusts of the Family Home
59: Trusts of Land