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

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

  • 作者:
  • 出版商: LexisNexis U.K.
  • ISBN: 9781405745222
  • 出版时间 December 2010
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    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

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