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Trusts Litigation Handbook

Coming Soon Trusts Litigation Handbook

Trusts Litigation Handbook

Trusts Litigation Handbook

Author: Richard Wilson; Edward Hewitt
Publisher: LexisNexis U.K.
ISBN: 9781846612022
Published In: December 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RM481.95

RM467.49 Save RM14.46 (3%)

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Description
Contents

Details

Publication date uncertain

Trust litigation is increasingly common. Hostile litigation such as breach of trust disputes and applications for removal of trustees are frequently encountered in practice, as are applications for directions by trustees and other examples of less hostile litigation.

The Trusts Litigation Handbook aims to provide a clear and comprehensive account of the practice and procedure governing trust litigation, together with the relevant substantive law. It will provide practitioners with clear answers and guidance to the many questions that arise in trust litigation.

In addition to the narrative commentary, a number of expertly drafted precedents will be included.

Richard Wilson, Barrister, 3 Stone Buildings

With assistance from Edward Hewitt, Barrister, 9 Stone Buildings

Introduction

Different types of trust litigation

The Trust Instrument

Rectification

Rescission

Ignorance and mistake

Fraud

Duress

Undue influence

Misrepresentation

1958.

Act variations

The Trustees

Appointment

Section 36 TA 1925

Section 41 TA 1925

Judicial trustee

Custodian trustee

Removal

Section 36 TA 1925

Section 41 TA 1925

Section 19 TLATA 1996

Section 20 TLATA 1996

Court’s inherent jurisdiction

Vesting orders

Administration orders

Trustee release applications

Trustees Seeking the Court’s Assistance

Applications for declarations as to the construction of the trust

Applications under s.48 AJA 1985

Applications for directions as to the exercise of the trustees’ discretion

Sanction of:

a proposed transaction/investment

the purchase by trustee of trust property

trustees’ remuneration

Applications under s.57 TA 1925

Kin inquiries and Benjamin orders

Re Beddoe applications

Prospective costs applications by trustees

Trustees’ Conduct

Action for accounts

Applications for audit by Public Trustee

Challenge to exercise of discretion by trustees

Re Hastings-Bass applications

Breach of duty to exercise care and skill

Breach of trust

Types of breach

Remedies

Defences

Exemption clauses

Concurrence

Acquiescence

Formal release of trustee’s breach

Laches

Limitation

Relief under s.61 TA 1925

Contribution claims

Prospective costs applications by beneficiaries

Future conduct

Interim Applications

Disclosure

Interim injunctions

Orders for interim payment into court

Third Party Litigation

Dishonest assistants

Knowing recipients

Other third party disputes

International Dimension

Trust litigation with a foreign element

Jurisdiction and choice of law

Appendix – Precedents

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