Research Catalog

Title

The law of trusts / by Geraint Thomas and Alastair Hudson.

Author

Thomas, Geraint W.

Publication

Oxford ; New York : Oxford University Press, 2004.

Items in the Library & Off-site

Holdings

Details

Additional Authors

Hudson, Alastair.

Description

clxxxix, 1907 p.; 25 cm.

Summary

This text is a reference work on the law of trusts, providing comprehensive coverage of both the general principles and the application of trust law in specific areas of legal practice. The book is 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.

Subject

Trusts and trustees > England

Bibliography (note)

• Includes bibliographical references and index.

Processing Action (note)

• committed to retain

Contents

• Section One: General principles of the law of trusts -- A. Introduction to the law of trusts -- Introduction: The scope of the book -- 1. The nature of the trust -- 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 beneficiary's interest -- 8. Trusts with unlawful purposes: the rules against perpetuities, against inalienability, and against excessive accumulations -- 9. Trusts and insolvency -- C. The duties and powers of trustees -- 10. The duties of trustees: part one -- 11. 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 trustees' discretions -- 21. Rights of trustees -- 22. Death, retirement, removal, and appointment of trustees -- 23. Particular trustees and protectors -- 24. Variation and amendment of trusts -- D. Trusts, impoied by law -- 25. An introduction to trusts implied by law -- 26. Resulting trusts -- 27. Constructive trusts in response 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 -- E. Breach of trust -- 31. Avoidance of breach of trust -- 32. Trustee's liability for breach of trust -- 33. Tracing and proprietary claims
• Section Two: Specific trusts -- F. Private client trusts -- 34. Private client trusts: inheritance tax and interest in possession trusts -- 35. Accumulation and maintenance trusts -- 36. Discretionary trusts and disabled trusts -- 37. Testamentary trusts -- G. International trusts -- 38. Offshore asset protection trusts -- 39. Offshore purpose trusts -- 40. The Cayman Islands' STAR trusts; the British Virgin Islands Special Trusts Act 2003 -- 41. International trusts: choice of law -- 42. Jurisdiction, remedies, and the recognition and enforcement of foreign judgments -- H. Occupational pension scheme trusts -- 43. Nature and structure of occupational pension scheme trusts -- 44. Trusteeship and duties of trustees of occupational pension scheme trusts -- 45. Legilsation affecting benefits -- 46. Amendment, termination and regulation of occupational pension schemes -- I. Trusts in financial transactions -- 47. Trustees in the law of finance -- 48. Trusts of financial instruments and of money -- 49. Trusts used to take security in commercial transactions -- 50. Trusts in relation to debt securities -- 51. Unit trusts -- 52. Investment of private express trusts -- J. Trusts used in commercial contexts -- 53. Trusts which conduct a business -- 54. Fiduciary liability in the creation of financial and commercial transactions -- 55. Trusts and the termination of contracts -- K. Trusts of land and of the home -- 56. Trusts of the family home -- 57. Trusts of land.

ISBN

0198298943 (alk. paper)

LCCN

^^2004021774

OCLC

• 56559355
• SCSB-10053293

Owning Institutions

Harvard Library