This new edition of The Law of Trusts provides comprehensive and up to date coverage of both the general principles and the application of trust law in specific areas of legal practice. The book has been fully revised and updated to take into account recent legislation and case law from key trust jurisdictions, and to include new material on the rule in Hastings-Bass; different applications of the constructive trust; trustees' liability for breach of trust; the taxation of trusts and estate planning; trusts of pension schemes and financial regulation. It also contains expanded material on areas that have recently grown in importance, such as the emergence of shams and retention of control of trust assets by the settlor; and the growing use of Special Purpose Vehicles in offshore commercial dealings.
The book is helpfully split into two parts along these lines: Part One considers the general principles involved and includes coverage of: all aspects of express private trusts; the duties and powers of trustees; the variation of trusts; trusts implied by law; and breach of trusts. Part Two puts the general principles to work by covering key practice areas including: insolvency; private client trusts; international trusts; pension funds; financial transactions; commercial transactions; and trusts of land. This is a substantial work written by expert academics who also have experience of practice, supported by contributions from key specialists.
Section One: Gerneral Principles of the Law of Trusts Part A: introduction to the Law of Trusts Introduction: The Scope of the Book 1: The Nature of the Trust Part B: Express Private Trusts 2: The Three Certainties 3: Certainty of Subject Matter 4: Certainty of Objects 5: The Constitution of an Express Private Trust 6: Trusts for Non-Charitable Purposes: The Beneficiary Principle 7: The Nature of a Beneficary's Interest 8: Trusts with Unlawful Purposes: The Rules Against Perpetuities, Against Inalienability, and Against Excessive Accumulations Part C: The Duties and Powers of Trustees 10: The Duties of Trustees: Part One 111: The Duties of Trustees: Part Two 12: Disclosure of Information by Trustees 13: The Powers of Trustees: Part One 14: The Powers of Trustees: Part Two 15: Delegation by Trustees 16: Powers of Revocation 17: Disclaimer, Release, and Extinguishment of Powers 18: The Excessive Execution of a Power 19: Fraud on a Power 20: The Judicial Review of the Exercise of Trustee's Discretions 21: Rights of Trustees 22: Death, Retirement, Removal, and Appointment of Trustees 23: Particular Trustees and Protectors 24: Variation and Amendment of Trusts Part D: Trusts Implied by Law 25: An Introduction to Trusts Implied by Law 26: Resulting Trusts 27: Constructive Trusts in Reponse to Unconscionable Behaviour 28: Constructive Trusts to Enforce Agreements 29: Constructive Trusts in Response to Abuse of Fiduciary Position 30: The Liability of Strangers to Account as Constructive Trustees Part F: Private Client Trusts 34: Private Client Trusts: Inheritance Tax 35: Interest in Possession Trusts 36: Trusts for Minors and Young Persons 37: Discretionary Trusts 38: Disabled Trusts 39: Testamentary Trusts Part G: International Trusts 40: Offshore Asset Protection Trusts 41: Offshore Purpose Trusts 42: The Cayman Islands' STAR Trust, the British Virgin Islands Special Trusts Act 2003 43: International Trusts: Choice of Law 44: Jurisdiction, Remedies and the Recognition and Enforcement of Foreign Judgements Part H: Occupational Pension Schemes 45: Nature and Structure of Occupational Pension Scheme Trusts 46: Trusteeship and Duties of Trustees of Occupational Pension Scheme Trusts 47: Legislation Affecting Benefits 48: Amendment Termination, and Regulation of Occupational Pension Schemes Part I: Trusts in Financial Transactions 49: Trustees in the Law of Finance 50: Trusts of Financial Instruments and Money 51: Trusts Used to take Security in Commercial Transactions 52: Trusts in Relation to Debt Securities 53: Unit Trusts 54: Investment of Private Express Trusts Part J: Trusts Used in Commercial Contexts 55: Trusts which Conduct a Business 56: Fiduciary Liability in the Creation of Financial and Commercial Transactions 57: Trusts and the Termination of Contracts Part K: TRusts of the Land and of Home 58: Trusts of the Family Home 59: Trusts of Land
Geraint Thomas is Professor of Equity and Property Law at Queen Mary, University of London. He practised at the Chancery Bar for over 20 years (specializing in all aspects of the law of trusts) and is joint editor of The International Trust 2e (Jordans). Alastair Hudson is Professor of Equity and Law at Queen Mary, University of London. He has previously held the position of Lecturer in Law at King's College London and is joint editor of Palmer's Company Law.
Reviews for The Law of Trusts
`Review from previous edition Thomas & Hudson is a practitioners' manual which combines intellectual debate with practical assistance. Because of its clear structure and references to other sources, it may well become the first resort for the researcher. The answer to whether your library should have a copy is a resounding yes.' Sonia Proudman QC `The Authors of this new work on trusts are to be congratulated for ploughing a new furrow among textbooks in this field...The creation of trusts, the power and duties of trustees, trusts implied by law and breach of trust are all addressed with a clarity and depth which certainly this reviewer could only have wished for when first encountering the principles of equity many years ago...The work is both scholarly and practical. I have found myself reaching for it on several occasions already. It is bound in due course to become a classic taking its place among the great names of equity. ' Patrick Hamlin (Principal of the contentious trust and probate group at Withers LLP), Solicitors Journal
