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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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Trusts Litigation Handbook

Publication abandoned lge

ISBN13: 9781846612022
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned

Publication date uncertain

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

Publication abandoned lge
Equity and Trusts, Courts and Procedure
Different types of trust litigation

The Trust Instrument
Ignorance and mistake
Undue influence
1958. Act variations

The Trustees
Section 36 TA 1925
Section 41 TA 1925
Judicial trustee
Custodian trustee
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
Exemption clauses
Formal release of trustee’s breach
Relief under s.61 TA 1925
Contribution claims
Prospective costs applications by beneficiaries
Future conduct

Interim Applications
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