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Author: David J. Hayton
Publisher:
ISBN: 9781405745222
Category : Trusts and trustees
Languages : en
Pages : 0
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Book Description
DIVISION ONE - PRELIMINARY DEFINITIONS -- DIVISION TWO - EXPRESS OR DECLARED TRUSTS -- 1. Preliminary terminology; 2. Introduction; 3. Matters essential to the prima facie validity of an express trust; 4. Validity of declared trusts in relation to latent matters; 5. The interpretation of executory trusts; 6. The termination of trusts of property; DIVISION THREE - TRUSTS IMPLIED BY LAW; 7. Introduction; 8. Resulting trusts; 9. Constructive trusts; DIVISION FOUR - THE ADMINISTRATION OF A TRUST; 10. Disclaimer and acceptance of trusts; 11. The estate of the trustee and its incidents; 12. Trusts of Land; 13. The trustee's duties; 14. The powers of the trustees; 15. Powers of the beneficiaries; 16. The death, retirement, or removal of trustees and the appointment of new trustees; 17. Appointment of a judicial trustee; 18. The Public Trustee; 19. Administration of new trusts created under limited powers in the original settlement; 20. The rights of the trustee; 21. The right of trustees and beneficiaries to seek the assistance of the Public Trustee or the court in auditing or in administrating the trust; DIVISION FIVE - THE CONSEQUENCES OF A BREACH OF TRUST; 22. The liability of the trustees; 23. Protection accorded to trustees in case of breach of trust; 24. Liability of third parties and beneficiaries; DIVISION SIX - CONFLICTS OF LAWS AND THE HAGUE TRUSTS CONVENTION; 25. Conflicts of Laws and the Hague Trusts Convention.
Author: David J. Hayton
Publisher:
ISBN: 9781405745222
Category : Trusts and trustees
Languages : en
Pages : 0
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Book Description
DIVISION ONE - PRELIMINARY DEFINITIONS -- DIVISION TWO - EXPRESS OR DECLARED TRUSTS -- 1. Preliminary terminology; 2. Introduction; 3. Matters essential to the prima facie validity of an express trust; 4. Validity of declared trusts in relation to latent matters; 5. The interpretation of executory trusts; 6. The termination of trusts of property; DIVISION THREE - TRUSTS IMPLIED BY LAW; 7. Introduction; 8. Resulting trusts; 9. Constructive trusts; DIVISION FOUR - THE ADMINISTRATION OF A TRUST; 10. Disclaimer and acceptance of trusts; 11. The estate of the trustee and its incidents; 12. Trusts of Land; 13. The trustee's duties; 14. The powers of the trustees; 15. Powers of the beneficiaries; 16. The death, retirement, or removal of trustees and the appointment of new trustees; 17. Appointment of a judicial trustee; 18. The Public Trustee; 19. Administration of new trusts created under limited powers in the original settlement; 20. The rights of the trustee; 21. The right of trustees and beneficiaries to seek the assistance of the Public Trustee or the court in auditing or in administrating the trust; DIVISION FIVE - THE CONSEQUENCES OF A BREACH OF TRUST; 22. The liability of the trustees; 23. Protection accorded to trustees in case of breach of trust; 24. Liability of third parties and beneficiaries; DIVISION SIX - CONFLICTS OF LAWS AND THE HAGUE TRUSTS CONVENTION; 25. Conflicts of Laws and the Hague Trusts Convention.
Author: David J. Hayton
Publisher:
ISBN:
Category : Trusts and trustees
Languages : en
Pages : 0
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Book Description
Author: Richard C. Nolan
Publisher: Cambridge University Press
ISBN: 1107170494
Category : Business & Economics
Languages : en
Pages : 609
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Book Description
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Author: David Hayton
Publisher: Butterworths
ISBN: 9781474303101
Category : Trusts and trustees
Languages : en
Pages : 1644
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Book Description
Underhill & Hayton Law of Trusts and Trustees is our flagship Trusts title and is recognised as being the leading book in the market. Written by renowned experts in the field this major work provides practitioners with expert commentary on the law of trusts and trustees and is a guide to all legal developments relating to trusts. It examines legislation and case law, including cases from significant offshore trust jurisdictions likely to affect UK trust law - beneficial to those working in Trusts both at legal practices as well as banks and accountancy firms.Its easy reference format takes you through the definitions of trusts, administration of trusts and consequences of breaches of trust. Whatever stage you are advising clients at, you will find all the information you need in Underhill and Hayton.New to this edition:* The new edition takes advantage of new case-law and academic literature and further reflections of its editors to set out and explain the current evolved state of the law. * The introductory Division 1 has been revised to take account of recent literature dealing with the nature of beneficiaries'' rights and of fiduciary obligations and the position of protector of a trust, while also comparing trusts with foundations now that some common law jurisdictions have legislated for foundations as an alternative to trustees holding assets for families. * Division 2 on Express Trusts has been updated clarifying the law further eg in relation to Quistclose trusts in the light of two Court of Appeal cases and to setting aside gifts or appointments for mistake in the light of the Supreme Court''s Pitt v HMRC [2013] UKSC 26.* Division 3 on Trusts imposed by Law deals with significant developments on illegality in resulting trust claims (Les Laboratoires Servier v Apotex Inc [2015] AC 430, Biklta (UK) Ltd v Nazir (No 2) [2015] 2 WLR1168), on resulting trusts of company property (Prest v Petrodel Resopuirces ), on constructive trusts of family homes (Jones v Kernott [2012] 1AC 776 and Graham-York v York) and of secret commissions (FHR European Ventures v Cedar Capital Partners), and vendor-purchaser constructive trusts (Scott v Southern Pacific Mortgages). Most of the material in Art 37 on constructive trusts of unauthorised fiduciary gains, however, is being moved to be dealt with under a new Art 91 dealing with Remedies for Breach of Fiduciary Duty within Division 5 to be headed ''The Consequences of a Breach of Trust or Breach of Fiduciary Duty'', the latter covering not just trustees but an extensive important range of other persons subject to fiduciary duties.* There has been little movement of the law in Division 4 on The Administration of Trusts except for refinement of the Hastings-Bass rule in Futter v HMRC [2013] UKSC 26. However, the Chap 14 Art 57 duties applicable to trustees exercising powers are being dealt with under Chap 13 dealing with The Trustee''s Duties, while in Chap 14 a new section deals with giving effect to dispositions which could have been effected by powers but were not so formally effected.* In Division 5 there have been many developments with Supreme Court cases dealing with breach of trust claims for misapplication of trust funds (AIB Group v Mark Redler & Co) and limitation of liability for constructive trustees (Williams v Central Bank of Nigeria) and Court of Appeal cases in England & elsewhere dealing with personal and proprietary remedies against recipients of misdirected funds and the bona fide purchaser defence (Independent Trustee Services Ltd v GP Noble Trustees Ltd, Relfo Ltd V Varsani, Rea v Russell, Grimaldi v Chameleon Mining (No 2), Brazil and Sao Paulo v Durant International Corp [2013] JCA) and gain-based remedies for dishonest assistance in breach of fiduciary duty (Novoship (UK) Ltd v Mikhaylyuk).* Division 6 covers some developments as to self-declared trusts (Akers v Samba Financial Group), choice of law (Gorgeous Beaty v Liu), choice of jurisdiction (Crociani v Crociani [2014] UKPC 40), the Re-cast Regulation No 15 of 2012 replacing Brussels 1 No 44 of 2001 and the Succession Regulation No 60 of 2012.* A new Division 7 on ''Trusts'' in Civil Law Countries'' to assist practitioners dealing with the creation or operation of such trusts.
Author: A. J. Oakley
Publisher: Oxford University Press
ISBN: 9780198262862
Category : Law
Languages : en
Pages : 390
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Book Description
Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.
Author: D. W. M. Waters
Publisher:
ISBN: 9780779897278
Category : Trusts and trustees
Languages : en
Pages : 1639
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Book Description
Author: Graham Moffat
Publisher: Cambridge University Press
ISBN: 052176789X
Category : Law
Languages : en
Pages : 1200
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Book Description
This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas.
Author: Geraint Thomas
Publisher: OUP Oxford
ISBN: 0191634581
Category : Law
Languages : en
Pages : 1704
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Book Description
Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams". Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.
Author: David J. Hayton
Publisher:
ISBN: 9780421717800
Category : Equitable remedies
Languages : en
Pages : 1079
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Book Description
This work has long been recognized as one of the most thorough and perceptive treatments of modern English trust law. As a textbook combined with a sourcebook, it not only offers two books for the price of one, but also illuminates the topics covered by a careful arrangement of text and materials. The previous edition was regularly judicially cited in Australia and New Zealand, and recently in England. This edition takes into account major case law and legislative developments. It also provides questions and problems posed at the end of each chapter to promote analysis and discussion.
Author: Dawn Goodman
Publisher: Jordan Publishing (GB)
ISBN: 9781846618512
Category : Probate law and practice
Languages : en
Pages : 0
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Book Description
This book provides clear, practical, and in-depth guidance to the law and procedure of contentious probate in the UK. Adopting a problem-solving approach, this third edition highlights specific difficulties that are likely to be encountered in practice. It discusses the advantages and disadvantages of each course of action and points out the potential pitfalls along the way. Points of discussion include: disputed lifetime transactions and the court of protection in the UK * coroners' inquests and burial disputes * obtaining the grant - dispute and resolution * disputes relating to the will * estate administration disputes * disappointed beneficiary claims * creditor claims and insolvent estates * claims against professional advisers * expertly drafted precedents, including model letters and pleadings, which provide the reader with a time-saving and practical resource.
