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Underhill and Hayton Law of Trusts and Trustees, 18th edition

Underhill and Hayton Law of Trusts and Trustees, 18th edition

Author: The Honourable Mr Justice David Hayton; Paul Matthews; Charles Mitchell
Publisher: LexisNexis U.K.
ISBN: 9781405745222
Published In: December 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This major work provides practitioners with an incisive examination of the many important developments in laws relating to trusts and trustees that have taken place since the last edition in 2006, as well as forecasting likely developments in the future.

Comprehensive in its coverage and edited by a leading authority on trusts, this is the definitive work of reference on this subject for practitioners and academics alike.

In particular, the 18th edition includes:

* Extended discussion on sham trusts
* Comprehensive updating of Equitable Proprietary Estoppels
* Partial re-write of sections impacting mental capacity plus more on variations of foreign trusts and jurisdiction under Art 5(6) Reg 44/2001
* New material on equitable accounting re family homes
* Acquisition of interests in family homes after HL in Stack v. Dowden as subsequently applied, presumption of advancement, the Norwich Pharmacal principle and the Limitation Act
* New material on letters of wishes, the Hastings-Bass principle, and a beneficiary's derivative right to sue X if trustee will not.

Reviews:

"The new Underhill and Hayton is a work which should be on the shelves of everyone who practises in this area."
Penelope Reed, 4 Stone Buildings, 2007, review of previous edition

"Every adviser whose practice could involve an element of equity or trusts or trustees must have this book. It could be negligent not to do so."
Adrian Shipwright, The Tax Journal, 2007, review of previous edition

DIVISION ONE - PRELIMINARY DEFINITIONS

DIVISION TWO - EXPRESS OR DECLARED TRUSTS
1. Introduction
2. Matters essential to the prima facie validity of an express trust
3. Validity of declared trusts in relation to latent matters
4. The interpretation of executory trusts
5. The termination of trusts of property

DIVISION THREE - TRUSTS IMPLIED BY LAW
6. Introduction
7. Resulting trusts
8. Constructive trusts

DIVISION FOUR - THE ADMINISTRATION OF A TRUST
9. Disclaimer and acceptance of trusts
10. The estate of the trustee and its incidents
11. Trusts of Land
12. The trustee's duties
13. The powers of the trustees
14. Powers of the beneficiaries
15. The death, retirement, or removal of trustees and the appointment of new trustees
16. Appointment of a judicial trustee
17. The Public Trustee
18. Administration of new trusts created under limited powers in the original settlement
19. The rights of the trustee
20. The right of trustees and beneficiaries to seek the assistance of the Public Trustee or the court in auditing or in administrating the trust

DIVISION FIVE - THE CONSEQUENCES OF A BREACH OF TRUST
21. The liability of the trustees
22. Protection accorded to trustees in case of breach of trust
23. Liability of third parties and beneficiaries

DIVISION SIX - CONFLICTS OF LAWS AND THE HAGUE TRUSTS CONVENTION
24. Conflicts of Laws and the Hague Trusts Convention

By The Honourable Mr Justice David Hayton with Professor Paul Matthews and Professor Charles Mitchell of King's College, London and UCL