Trusts Litigation Handbook

Name: Trusts Litigation Handbook
Brand: LexisNexis U.K.
SKU: 9781846612022
Price: 865.73 HKD
Availability: PreOrder
Author: Richard Wilson; Edward Hewitt
ISBN: 9781846612022

Edited by Richard Wilson · Edward Hewitt

Coming Soon LexisNexis U.K. Available December 2026

Specifications

ISBN-13: 9781846612022
Publisher: LexisNexis U.K.
Publication: December 2026
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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