Details
- A fully updated and expanded edition of this leading practitioner text on the use of powers
- Includes extensive coverage of case law and legislation in offshore jurisdictions
- Analyses recent trusts developments such as sham trusts, the role of protectors, and fiduciary powers
- Provides commentary on the exercise of powers by directors of companies and challenges to this power
- Considers the relationship between fiduciary powers in private law and powers exercised by public bodies, such as the development of the rule in Hastings-Bass
Highly regarded, and cited in a number of judgments,
Thomas on Powers
is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of
Thomas on Powers
was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams".
Thomas on Powers
provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.
Readership: Solicitors and barristers specialising in trusts law in the UK and Commonwealth and offshore trusts centres; academic libraries both in the UK and internationally.
Preface
1: Introduction: Definitions and Classification
2: Rules of Interpretation
3: Creation of Powers
4: Certainty of Objects
5: Powers and the Rules against Perpetuities and Excessive Accumulations
6: The Delegation of Powers
7: Exercise of Powers
8: The Excessive Execution of a Power
9: Fraud on a Power
10: The Duties of Donees
11: Judicial Review of the Exercise of Powers and Discretions
12: Conflict of Interests
13: Rectification and Rescission
14: Contingent and Determinable Powers
15: Powers of Revocation
16: Powers of Amendment
17: Disclaimer, Release and Extinguishment of Powers
Geraint Thomas, Professor of Equity and Property Law, Queen Mary, University of London
"this book provides a clear, readable an informative guide that really will assist any professional trustee or their advisers. I know of no other modern textbook solely devoted to this subject and it provides a thorough analysis of the subject." - Martyn Frost, Trenfield Trust & Estate Consulting
"...a formidable, very readable and lucid work of scholarship which, in our view, is easy to use." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
