Lewin on Trusts, 20th Edition (Mainwork + 1st Supplement)

Author: Lynton Tucker; Nicholas Le Poidevin; James Brightwell
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414111004
Published In: December 2023
Format: Hardback + Paperback
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.

The new edition has been extensively re-organised and substantially expanded to take account of developments in the law, and decisions in England, as well as the old Commonwealth and all the main offshore jurisdictions.

New features:
- A new chapter on trusts and divorce
- A full conspectus on the “firewall” legislation in overseas jurisdictions protecting trusts from the application of foreign laws
- The impact of the new data protection legislation (GDPR and the 2018 Act) on trusts
- The effect of human rights legislation on the interpretation of trusts for children
- An expanded treatment of the nature and effect of powers of the settlor concerning changes in the trusteeship and other matters
- A revised analysis of the indemnity of outgoing trustees
- Developments on priorities of claims on insolvent trusts and on their winding up
- Coverage of mediation and other forms of ADR for trust disputes
- Public and private hearings in, and confidentiality of, trust proceedings
- Commentary and explanation of regulations about registration of beneficial ownership and on CRS, FATCA and DAC 6 reporting for trusts
- An examination of unexplained wealth orders
PART 1
- Ch 1Definition and Classification
- Ch 2Parties and Property for Express Trusts
- Ch 3Principal Methods of Constitution of Express Trusts
- Ch 4Creation of Trusts by Contract
- Ch 5Requirements for Essential Validity of Express Trusts
- Ch 6Legality of Object of Trust
- Ch 7Interpretation of Express Trusts
- Ch 8Trusts Arising by Operation of Law Generally
- Ch 9Resulting and other Trusts Arising upon Failure of Dispositions
- Ch 10Trusts Arising in Relation to the Acquisition of Property
PART 2

FOREIGN ELEMENTS
- Ch 11Jurisdiction and Service
- Ch 12Choice of Law
PART 3

THE TRUSTEES
- Ch 13Becoming a Trustee
- Ch 14Death, Retirement and Removal of Trustees
- Ch 15Appointment of New Trustees
- Ch 16Appointment of New Trustees in place of Trustees Lacking Mental Capacity
- Ch 17Vesting Trust Property and Indemnity on Change of Trustees
- Ch 18Particular Trustees
- Ch 19Indemnity of Trustees
- Ch 20Remuneration of Trustees
PART 4

THE BENEFICIARIES AND BENEFICIAL INTERESTS
- Ch 21Disclosure to Persons Interested under the Trust
- Ch 22The Right to Call for the Trust Property
- Ch 23Capital and Income
- Ch 24Distributions from the Trust Fund
- Ch 25Hotchpot
- Ch 26Assignment of Equitable Interests and Priorities
- Ch 27Trusts and Insolvency
PART 5

POWERS
- Ch 28Powers Generally
- Ch 29Exercising Powers
- Ch 30Defective Exercises of Powers
- Ch 31Powers of Maintenance
- Ch 32Powers of Advancement
- Ch 33Powers of Appointment, Amendment and Like Powers
PART 6

ADMINISTRATION OF THE TRUST PROPERTY
- Ch 34Administrative Duties of Trustees
- Ch 35Investment by Trustees
- Ch 36Administrative Powers of Trustees
- Ch 37Trusts of Land and Chattels
- Ch 38Settled Land
PART 7
PROCEEDINGS AND REMEDIES
- Ch 39Applications
- Ch 40
"One of the classic legal textbooks"

- Law Quarterly Review