Subjects:

Other Jurisdictions

Contents:

The Nature of a Trust

The Distinction Between a Trust and Certain Other Legal Institutions

The Classification of Trusts

Capacity to Create a Trust

Express Trusts –

Certainty of Intention, Subject Matter and Object

Express Trusts –

Complete Constitution of Consideration

Express Trusts

The Requirement of Writing

The Interpretation of the Trust

When an Express Trust may Fail or be Set Aside

Charitable Trusts

Purpose Trusts

Resulting Trusts

Constructive Trusts

Capacity to be a Trustee

The Appointment, Retirement and Removal of Trustees

Duties, Powers and Discretions of a Trustee

Duties of a Trustee

The Duty to Invest Trust Funds

Duty of Impartiality

Powers of a Trustee

Rights of Trustees

Liability of a Trustee

The Rights of a Beneficiary

What may be Trust Property

Vesting of the Trust Property

Conversion

Tracing Trust Property

Trusts in the Conflicts of Laws

The Trust Aspects of Superannuation

The 7th edition of this authoritative work responds to developments over the last decade in all Australian jurisdictions. There are new chapters on the important areas of superannuation and choice of law. The balance of chapters have been substantially rewritten to reflect the decisions and statutes of the last 10 years, with particular attention to the areas of charitable, resulting and constructive trusts; the duties and liabilities of trustees; and tracing trust property.

This text provides practitioners, law students and academics with a comprehensive and clearly presented account of the law.