Details
Frequently cited in court, Lewin on Trusts covers the entire law of trusts from general principles to current practice, ensuring you have all the information you need on the effective creation of trusts and the resolution of disputes and other problems that arise.
LEWIN ON TRUSTS:
- Covers all aspects of trusts law, from creation of trusts and the role and duties of trustees, to beneficiaries and their interests and administration
- Includes in-depth analysis of both general principles and the practical implications of trust law
- Provides clear guidance on questions that arise in modern trusts practice
- Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect
- Explores the impact of the latest case law
- Explains breach of trust and available remedies
- Deals with constructive trusts and asset tracing
- Covers anti-money-laundering legislation in relation to trusts
- Refers to Commonwealth decisions, suggesting solutions lacking in UK case law
- Covers costs issues in trusts disputes
HIGHLIGHTS COVERED IN THIS NEW EDITION
- A fully updated treatment of shams and, following Pitt v Holt, mistake and the re-stated principle in Re Hastings-Bass
- An exposition of all recent statutes affecting trusts, including the Perpetuities and Accumulations Act 2009, the Trusts (Capital and Income) Act 2013, the Presumption of Death Act 2013 and the Inheritance and Trustees’ Powers Act 2014
- A modern text on bribes and other unauthorised profits, after FHR European Ventures LLP and the Bribery Act 2010
- A consideration of the vexed topic of limitation of trust claims in the light of Williams v Central Bank of Nigeria
- A comprehensive account of the rules governing jurisdiction and choice of law in trust disputes, including disputes arising out of constructive trusts
- A detailed statement of the law of co-ownership by cohabitants, as found in Jones v Kernott and later decisions
- The fullest treatment of trusts arising under mutual wills and the Married Women’s Property Act
- A discussion of confiscation and the civil recovery of the proceeds of crime as they impinge on trustees
- New material on knowing receipt by a company and on the attribution of knowledge to a company in cases of fraud
- An extensively revised account of the court’s powers in trust cases and the relevant procedural rules, including the incidence of costs and the new powers of costs management and costs capping
- 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
- 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 trustees lacking mental capacity
- Vesting trust property and indemnity of change of trustees
- Vesting and similar orders
- Particular trustees
- Unauthorised profits and conflicts of interest
- Indemnity of trustees
- Trusts and insolvency
- Disclosure to persons interested under the trust
- The right to call for the trust property
- Capital and income
- Distributions from the trust fund
- Court proceedings concerning trusts and treatment of their costs
Hotchpot
- Powers generally
- Powers of appointment, amendment and like powers
- Powers of maintenance
- Powers of advancement
- Assignments of equitable interests and priorities
- Administrative duties of trustees
- Investment by trustees
- Administrative powers of trustees
- Trusts affecting land
- Safeguarding trust property from breach of trust
- Remedies against trustees personally
- Remedies against accessories
- Property remedy and tracing against trustees and third parties
- Personal remedies against recipients
- Remedies against third parties otherwise than in respect of breach of trust
- Limitation of actions
- Lawful departure from the trusts
- Trustees involved with criminal and terrorist property
"One of the classic legal textbooks"
- Law Quarterly Review
