"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. "--Publisher's website.
Sect. 1. General principles of the law of trusts -- Introduction : the scope of the book -- 1. The nature of the trust -- 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 priciple -- 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 -- 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 of 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 -- 25. An introduction of trusts implied by law -- 26. Resulting trusts -- 27. Constructive trusts in response to unconscionable behaviour -- 28. Constructive trust to enforce agreements -- 29. Constructive trusts in response to abuse of fiduciary position -- 30. The liability of strangers to account as constructive trustees -- 31. Avoidance of breach of trust -- 32. Trustees' liability for breach of trust -- 33. Tracing and proprietary claims -- Sect. 2. Specific 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 -- 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 judgments -- 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 -- 49. Trustees in the law of finance -- 50. Trusts of financial instruments and of 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 -- 55. Trusts which conduct a business -- 56. Fiduciary liability in the creation of financial and commercial transactions -- 57. Trusts and the termination of contracts -- 58. Trusts of the family home -- 59. Trusts of land.