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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Text, Cases and Materials on Equity and Trusts

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ISBN13: 9781138122840
To be Published: March 2020
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £39.99
Hardback edition not yet published, ISBN13 9781138122833

This brand new collection from one of the leading names in Equity and Trusts scholarship combines carefully selected extracts from both primary sources and secondary literature with clear explanations of the law and thoughtful guiding commentary. Alastair Hudson’s lively and engaging style helps students navigate their way through the leading cases, judgments and legislation and to critically engage with points of academic debate and policy review.

The book identifies and develops the major prevailing themes within Equity and Trusts, focusing on financial and commercial issues surrounding fiduciary parties; the burgeoning case law centred around trusts and the family home following the Court of Appeal’s decision in Jones v Kernott [2011]; and case law arising from the Charities Acts of 2006 and 2011. These themes are considered and tied together at the end of the book.

Each chapter contains:

  • A clear introductory summary of the principles and the issues relating to each topic
  • Extracts from the leading cases, with "endnotes" in the extracts to pull out key ideas
  • Extracts from dissenting opinions, together with links between extracts and the journal literature and policy documents
  • Problem questions with skeleton model answers
  • Thematic summaries and cross-references to facilitate essay-writing
Supported by a full range of podcasts and video as well as links to Alastair Hudson’s online teaching materials, Text, Cases and Materials on Equity and Trusts really is the complete teaching and learning resource for this complex and often challenging course.

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Equity and Trusts
Part 1: Fundamentals of Equity and Trusts
1. Introduction
2. Understanding the Trust

Part 2: Express Trusts
3. Certainty in the Creation of Express Trusts
4. The Rights of Beneficiaries and the Beneficiary Principle
5. Formalities in the Creation of Express Trusts
6. Secret Trusts

Part 3: Administration of Trusts
7. The Duties of Trustees
8. The Investment of Trusts
9. The Powers of Trustees and the Variation of Trusts

Part 4: Trusts Implied by Law
10. Resulting Trusts
11. Constructive Trusts
12. Equitable Estoppel

Part 5: Equity, Trusts and the Home
13. Trusts of Homes
14. Trusts of Land

Part 6: Breach of Trust and Related Equitable Claims
15. Breach of Trust
16. Tracing
17. The Liability of Strangers to Account for Involvement in a Breach of Trust

Part 7: Commercial Uses of Trusts
18. Commerce, International Trusts Law and Dealing with Property
19. Quistclose Trusts
20. Mortgages, Charges and Taking Security

Part 8: Welfare Uses of Trusts
21. Occupational Pension Funds
22. Charities

Part 9: Equitable Remedies
23. Specific Performance
24. Injunctions and Confidences
25. Rescission and Rectification
26. Doctrine of Notice and Undue Influence
27. Miscellaneous Equitable Remedies

Part 10: Theoretical Questions Relating to Equity and Trusts
28. The Nature of Property in Equity and Trusts
29. Equity, Chaos and Social Complexity