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Vol 21 No 11 Nov/Dec 2016

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Trusts Litigation Handbook

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ISBN13: 9781846612022
To be Published: December 2017
Publisher: Jordan Publishing Ltd
Country of Publication: UK
Format: Hardback
Price:



Trust litigation is increasingly common. Hostile litigation such as breach of trust disputes and applications for removal of trustees are frequently encountered in practice, as are applications for directions by trustees and other examples of less hostile litigation.

The Trusts Litigation Handbook aims to provide a clear and comprehensive account of the practice and procedure governing trust litigation, together with the relevant substantive law. It will provide practitioners with clear answers and guidance to the many questions that arise in trust litigation.

In addition to the narrative commentary, a number of expertly drafted precedents will be included.

Richard Wilson, Barrister, 3 Stone Buildings

With assistance from Edward Hewitt, Barrister, 9 Stone Buildings

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Subjects:
Equity and Trusts, Courts and Procedure
Contents:
Introduction
Different types of trust litigation

The Trust Instrument
Rectification
Rescission
Ignorance and mistake
Fraud
Duress
Undue influence
Misrepresentation
1958. Act variations

The Trustees
Appointment
Section 36 TA 1925
Section 41 TA 1925
Judicial trustee
Custodian trustee
Removal
Section 36 TA 1925
Section 41 TA 1925
Section 19 TLATA 1996
Section 20 TLATA 1996
Court’s inherent jurisdiction
Vesting orders
Administration orders
Trustee release applications

Trustees Seeking the Court’s Assistance
Applications for declarations as to the construction of the trust
Applications under s.48 AJA 1985
Applications for directions as to the exercise of the trustees’ discretion
Sanction of:
a proposed transaction/investment
the purchase by trustee of trust property
trustees’ remuneration
Applications under s.57 TA 1925
Kin inquiries and Benjamin orders
Re Beddoe applications
Prospective costs applications by trustees

Trustees’ Conduct
Action for accounts
Applications for audit by Public Trustee
Challenge to exercise of discretion by trustees
Re Hastings-Bass applications
Breach of duty to exercise care and skill
Breach of trust
Types of breach
Remedies
Defences
Exemption clauses
Concurrence
Acquiescence
Formal release of trustee’s breach
Laches
Limitation
Relief under s.61 TA 1925
Contribution claims
Prospective costs applications by beneficiaries
Future conduct

Interim Applications
Disclosure
Interim injunctions
Orders for interim payment into court

Third Party Litigation
Dishonest assistants
Knowing recipients
Other third party disputes

International Dimension
Trust litigation with a foreign element
Jurisdiction and choice of law

Appendix – Precedents