Lewin on Trusts (18th Edition), (Mainwork + 3rd Supplement)
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Lewin on Trusts (18th Edition), (Mainwork + 3rd Supplement)

Edited by John Mowbray, QC · Lynton Tucker · Nicholas Le Poidevin, QC · Edwin Simpson · James Brightwell
Sweet & Maxwell U.K. December 2012

Specifications

ISBN-13
9781847034649
Publisher
Sweet & Maxwell U.K.
Publication
December 2012
Format
Hardback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

Details

Frequently cited in court, this revised guide provides any practitioner with the definitive text on the law and practice of trusts. The 18th edition:

  • Offers comprehensive coverage of the entire law of trusts, from general principles to current practice
  • Deals with the definition, classification and creation of trusts
  • Covers the beneficiaries and their interests
  • Covers the appointment and discharge of trustees
  • Features coverage on the administration of the trust property
  • Explains breach of trust and available remedies
  • Provides answers to questions that arise in modern trust practice
  • Refers to Canadian, New Zealand, Australian, Channel Island and Caribbean decisions
  • Includes coverage of the latest decisions on trust law
  • Deals with constructive trusts and asset tracing
  • Provides full coverage of the impact of new anti-money laundering legislation relating to trustees
  • Refers to Commonwealth decisions and suggests solutions lacking in UK case law
  • New first supplement brings the 18th edition completely up to date with all legislative changes, new cases and general practice developments
  • Includes access to the latest online supplement

Table of Contents

Definition, classification and creation of trusts
 
  • Definition and classification
  • Parties and property for express trusts
  • Principal methods of constitution of express trusts
  • Requirements for essential validity of express trusts
  • Legality of object of trust
  • Interpretation of express trusts
  • Trusts arising by operation of law generally
  • Resulting and other trusts arising upon failure of dispositions
  • Trusts arising in relation to the acquisition of property
  • Creation of trusts by contract
  • Foreign elements
 
The trustees
 
  • Becoming a trustee
  • Death, retirement and removal of trustees
  • Appointment of new trustees out of court
  • Appointment of new trustees by the court
  • Appointment of new trustees in place of a trustee suffering from mental disorder
  • Vesting trust property out of court on change of trustees
  • Vesting and similar orders
  • Particular trustees
  • Unauthorised profits and conflicts of interest
  • Indemnity of trustees
  • Insolvency of a trustee
 
The beneficiaries and beneficial interests
 
  • Rights of beneficiaries during administration
  • The right to call for the trust property
  • Capital and income
  • Distribution of the trust fund without the intervention of the court
  • Distribution of the trust fund with the intervention of the court
  • Hotchpot
  • Powers generally
  • Third party powers and consents
  • Powers of maintenance
  • Powers of advancement
  • Characteristics of an equitable interest under fixed trusts
 
Administration of the trust property
 
  • Administrative duties of trustees
  • Investment by trustees
  • Administrative powers of trustees
  • Trusts affecting land
 
Breach of trust and remedies
 
  • Prevention of breaches of trust
  • Remedies against trustees personally
  • Remedies against accessories
  • Proprietary remedy and tracing against trustees and third parties
  • Personal remedies against recipients
  • Remedies against third parties otherwise than in respect of breach of trust
  • Limitations of actions
 
Lawful departure from the trusts
 
  • Lawful departure from the trusts
 
Money laundering

Reviews

"One of the classic legal textbooks" - Law Quarterly Review

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