Law Wills / Probate / Trusts

Jacobs' Law of Trusts in Australia, 8th Edition

Edited by Heydon, J D · Leeming, M J
LexisNexis Australia October 2016

Specifications

ISBN-13
9780409343502
Publisher
LexisNexis Australia
Publication
October 2016
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Jacobs’ Law of Trusts in Australia 8th edition is an authoritative work responding to developments of trust law over the last decade in all Australian jurisdictions.

 

There are chapters on the important areas of superannuation and choice of law. The balance of chapters have been substantially rewritten to reflect the decisions and statutes of the last ten years, with particular attention to the areas of charitable, resulting and constructive trusts; the duties and liabilities of trustees; and tracing trust property.

 

This text provides practitioners, law students and academics with a comprehensive and clearly presented account of the law.

Features

  • Authoritative and comprehensive
  • Coverage of all Australian jurisdictions
  • Up to date case law analysis

Table of Contents

Chapter 1 – The Nature of a Trust
Chapter 2 – The Distinction between a Trust and certain other Legal Institutions
Chapter 3 – The Classifications of Trusts
Chapter 4 – Capacity to Create a Trust
Chapter 5 – Express Trusts: Certainty of Intention, Subject Matter and Object
Chapter 6 – Express Trusts: Complete Constitution or Consideration
Chapter 7 –Express Trusts: The Requirement of Writing
Chapter 8 – The Interpretation of the Trust
Chapter 9 –When an Express Trust may Fail or be Set Aside
Chapter 10 – Charitable Trusts
Chapter 11 – Purpose Trusts
Chapter 12 – Resulting Trusts
Chapter 13 – Constructive Trusts
Chapter 14 – Capacity to be a Trustee
Chapter 15 – The Appointment, Retirement and Removal of Trustees
Chapter 16 – Duties, Powers and Discretions of a Trustee
Chapter 17 – Duties of a Trustee
Chapter 18 – The Duty to Invest Trust Funds
Chapter 19 - Duty of Impartiality
Chapter 20 – Powers of a Trustee
Chapter 21 – Rights of Trustees
Chapter 22 – Liability of a Trustee
Chapter 23 – The Rights of a Beneficiary
Chapter 24 – What may be Trust Property
Chapter 25 – Vesting of the Trust Property
Chapter 26 – Conversion
Chapter 27 – Tracing Trust Property
Chapter 28 – Trusts in the Conflict of Laws
Chapter 29 – The Trust Aspect of Superannuation

About the Author

The Honourable J D Heydon AC QC is a former Justice of the High Court of Australia. He was appointed to the court in February 2003, after having been a judge of the New South Wales Court of Appeal since 2000. He is currently the Commissioner of the Royal Commission into Trade Union Governance and Corruption.

The Honourable Justice M J Leeming is a judge of the Supreme Court of NSW and a judge of appeal. He is also a Challis Lecturer in Equity at the University of Sydney Law School.

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