Lewin on Trusts, 19th Edition

Wills / Probate / Trusts

Lewin on Trusts, 19th Edition

Edited by Lynton Tucker · Nicholas Le Poidevin, QC · James Brightwell
Sweet & Maxwell U.K. December 2014

Specifications

ISBN-13
9780414024366
Publisher
Sweet & Maxwell U.K.
Publication
December 2014
Format
Hardback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

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

Table of Contents

  1. Definition and classification
  2. Parties and property for express trusts
  3. Principal methods of constitution of express trusts
  4. Requirements for essential validity of express trusts
  5. Legality of object of trust
  6. Interpretation of express trusts
  7. Trusts arising by operation of law generally
  8. Resulting and other trusts arising upon failure of dispositions
  9. Trusts arising in relation to the acquisition of property
  10. Creation of trusts by contract
  11. Foreign elements
  12. Becoming a trustee
  13. Death, retirement and removal of trustees
  14. Appointment of new trustees out of court
  15. Appointment of new trustees by the court
  16. Appointment of new trustees in place of trustees lacking mental capacity
  17. Vesting trust property and indemnity of change of trustees
  18. Vesting and similar orders
  19. Particular trustees
  20. Unauthorised profits and conflicts of interest
  21. Indemnity of trustees
  22. Trusts and insolvency
  23. Disclosure to persons interested under the trust
  24. The right to call for the trust property
  25. Capital and income
  26. Distributions from the trust fund
  27. Court proceedings concerning trusts and treatment of their costs
    Hotchpot
  28. Powers generally
  29. Powers of appointment, amendment and like powers
  30. Powers of maintenance
  31. Powers of advancement
  32. Assignments of equitable interests and priorities
  33. Administrative duties of trustees
  34. Investment by trustees
  35. Administrative powers of trustees
  36. Trusts affecting land
  37. Safeguarding trust property from breach of trust
  38. Remedies against trustees personally
  39. Remedies against accessories
  40. Property remedy and tracing against trustees and third parties
  41. Personal remedies against recipients
  42. Remedies against third parties otherwise than in respect of breach of trust
  43. Limitation of actions
  44. Lawful departure from the trusts
  45. Trustees involved with criminal and terrorist property

Reviews

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