Law Equity & Trusts

Trusts in Common-Law Canada 3rd Edition

By Dennis Pavlich
LexisNexis Canada October 2019

Specifications

ISBN-13
9780433497356
Publisher
LexisNexis Canada
Publication
October 2019
Format
Paperback
Jurisdiction
Canada ? Countri(es) for reference only

Details

This acclaimed academic work introduces readers to the foundations of trust law, and provides an up-to-date exposition and analysis of the legislation and case law that have shaped the Canadian trust landscape.

Now in its third edition, Trusts in Common-Law Canada has been significantly updated to reflect the current state of the law, with revisions specifically made to the sections devoted to the introduction and theory of trusts, creating an effective express trust and vesting the trust property, certainty of intention for a trust, and testamentary trust instruments and variations.

This book is prepared logically and written in an accessible and easy-to-understand way: as a result, readers can intuitively grasp complex concepts, doctrines and principles. Careful consideration has been given to the reorganization of sections and chapters to facilitate the reader's learning process.

Perhaps most valuable are the teaching tools included in every section:

  • Learning objectives at the beginning of each chapter identify the concepts and information the reader can expect to learn
  • Learning outcomes at the end of each chapter summarize key learning points
  • Self-assessment questions at the end of each chapter allow readers to test their knowledge of the material

Table of Contents

Part I: Architecture and selected uses of the trust and its history
Chapter 1: Introduction to the architecture of the trust and its uses
Chapter 2: History – The birth of trusts in the cradle of equity
Part II: Express trusts
Chapter 3: Creating an effective express trust – The need to “vest” the trust property
Chapter 4: The three certainties: Intention, subject matter and objects
Chapter 5: Purpose trusts
Chapter 6: Formalities, perpetuities and revocation
Part III: Resulting trusts
Chapter 7: Resulting trusts
Part IV: Beneficiaries and trustees
Chapter 8: The beneficiary
Chapter 9: The appointment, retirement and removal of trustees
Chapter 10: Trustee powers, rights, duties and immunities and their control by beneficiaries and courts
Part V: Constructive trusts
Chapter 11: The constructive trust in fiduciary relationships and unjust enrichment
Part VI: Remedies
Chapter 12: Remedies for breach of trust;
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