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Trusts and Private Wealth Management: Developments and Directions

Edited by: Richard Nolan, Hang Wu Tang, Man Yip

ISBN13: 9781316518021
Published: December 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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There has been insufficient literature focusing on the world-changing rise of Asian wealth. Private wealth in Asia is very substantial, with 33 per cent of the global population of high-net-worth individuals based in Asia. Yet, there is a dearth of legal analysis of Asian wealth, particularly by texts written in English. This collection aims to fill that gap, with chapters on legal issues in relation to Asian wealth transmission, investments in international real estate, familial disputes, family offices and private trust companies. A substantive section of this book also focuses on the changing legal context with chapters exploring trusts and cryptoassets, constructive trust, trustee's discretion and decision-making, changing regulatory environment and abuse of trust structures. This collection of essays on trusts and wealth management presents a focus on Asian wealth and the changing legal context, and follows the related publication, Trusts and Modern Wealth Management (Cambridge University Press, 2018).

Subjects:
Equity and Trusts, Other Jurisdictions , Asia
Contents:
1. Introduction
Richard Nolan, Tang Hang Wu, Yip Man
2. Family trusts today
Lady Mary Arden
Section 1. The Rise of Asian Wealth:
3. Asian wealth in the United States: Some legal answers and policy questions
Thomas P. Gallanis
4. Regulation of residential property in the west: The impact of Chinese money
Edward S.W. Ti
5. An Asian approach to mental capacity for wills and lasting powers
Lusina Ho
6. Testamentary freedom and wealth disputes in Hong Kong
Rebecca Lee
7. Crazy rich families in Singapore: Property, trust and business disputes and the incompatibility of English principles
Yip Man and Tang Hang Wu
8. Family offices, private trust companies and trust integrity issues: Problems and solutions
Tang Hang Wu and Chan Ee Lin
Section 2. The Changing Legal Context:
9. Trusts of cryptoassets
Kelvin F.K. Low
10. Pragmatic modernisation? Judicial directions in trusts and wealth management
James Lee
11. Decision making in trusts – applying Wednesbury reasonableness following Braganza
David Pollard
12. Trustee decision-making in the Australian superannuation context
Tobias Barkley
13. Trusts and UWOs: Unpacking the 'holding' requirement puzzle
Simone Wong
14. Constructive trusts on express trusts: Principles under threat
Jessica Palmer
15. Abuse of trust
Graham Virgo