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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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Court protection no 2
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Uk supremem 1 8
Williams published

Trust Protectors

ISBN13: 9781846612527
Published: October 2011
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print

This new definitive work on trust protectors explains the role and appointment of a protector, their powers and duties including fiduciary capacity, how a protector can be removed from office and the relationship with the trustees.

It will cite authorities from various jurisdictions including: Australia, Bahamas, BVI, Canada, Cayman Islands, Cook Islands, England and Wales, Guernsey, Isle of Man, Jersey, New Zealand and the USA. In addition precedents are included which will assist with drafting protector clauses in trust documents.

Equity and Trusts
basic concepts and definitions
outline of the history and development of the role of
uses of the protector in a trust
sources of law on protectors
Fiduciary position
importance of the fiduciary question
approaches to the fiduciary question
explanation of fiduciary doctrine as it relates to the protector
determining whether the protector is in a fiduciary position
who is able to act as protector?
appointment of the settlor/beneficiary/trustee as protector
use of professional protectors
methods of appointment of the protector
acceptance of office
creation of powers
capacity to exercise powers
delegation of powers
manner of exercise of powers
disclaimer of powers
specific powers given to protectors
Limits and Duties
categorisation of limits and duties in relation to the exercise of powers
express and statutory limitations
other limits on the scope – third party consents
fraud on a power and purpose restrictions
duty of good faith
fiduciary duties
duty of skill and care
removal of the protector from office by the trustees/the beneficiaries/the Court
actions to prevent the protector from exercising powers/directing the exercise of powers
remedial actions against the protector for negligence/breach of fiduciary duty
beneficiaries/trustees rights against the protector - disclosure of documents
classification of rights of the protector
right to remuneration
right to an indemnity out of trust assets
standing to bring an action for breach of trust and other types of claim
right of access to accounts and documents
other rights, including right to interact with trustees
Retirement and removal
death of a protector
automatic and voluntary retirement
removal or replacement of protector
Relationship between protector and trustees
problems caused by interposition of protector in a trust
protector's responsibilities
trustees' responsibilities
protectors and exoneration clauses