Description
Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.
The new edition has been extensively re-organised and substantially expanded to take account of developments in the law, and decisions in England, as well as the old Commonwealth and all the main offshore jurisdictions.
New features:
- A new chapter on trusts and divorce
- A full conspectus on the “firewall” legislation in overseas jurisdictions protecting trusts from the application of foreign laws
- The impact of the new data protection legislation (GDPR and the 2018 Act) on trusts
- The effect of human rights legislation on the interpretation of trusts for children
- An expanded treatment of the nature and effect of powers of the settlor concerning changes in the trusteeship and other matters
- A revised analysis of the indemnity of outgoing trustees
- Developments on priorities of claims on insolvent trusts and on their winding up
- Coverage of mediation and other forms of ADR for trust disputes
- Public and private hearings in, and confidentiality of, trust proceedings
- Commentary and explanation of regulations about registration of beneficial ownership and on CRS, FATCA and DAC 6 reporting for trusts
- An examination of unexplained wealth orders
- Contents:
- PART 1
- Ch 1 Definition and Classification
- Ch 2 Parties and Property for Express Trusts
- Ch 3 Principal Methods of Constitution of Express Trusts
- Ch 4 Creation of Trusts by Contract
- Ch 5 Requirements for Essential Validity of Express Trusts
- Ch 6 Legality of Object of Trust
- Ch 7 Interpretation of Express Trusts
- Ch 8 Trusts Arising by Operation of Law Generally
- Ch 9 Resulting and other Trusts Arising upon Failure of Dispositions
- Ch 10 Trusts Arising in Relation to the Acquisition of Property
- PART 2: FOREIGN ELEMENTS
- Ch 11 Jurisdiction and Service
- Ch 12 Choice of Law
- PART 3: THE TRUSTEES
- Ch 13 Becoming a Trustee
- Ch 14 Death, Retirement and Removal of Trustees
- Ch 15 Appointment of New Trustees
- Ch 16 Appointment of New Trustees in place of Trustees Lacking Mental Capacity
- Ch 17 Vesting Trust Property and Indemnity on Change of Trustees
- Ch 18 Particular Trustees
- Ch 19 Indemnity of Trustees
- Ch 20 Remuneration of Trustees
- PART 4: THE BENEFICIARIES AND BENEFICIAL INTERESTS
- Ch 21 Disclosure to Persons Interested under the Trust
- Ch 22 The Right to Call for the Trust Property
- Ch 23 Capital and Income
- Ch 24 Distributions from the Trust Fund
- Ch 25 Hotchpot
- Ch 26 Assignment of Equitable Interests and Priorities
- Ch 27 Trusts and Insolvency
- PART 5: POWERS
- Ch 28 Powers Generally
- Ch 29 Exercising Powers
- Ch 30 Defective Exercises of Powers
- Ch 31 Powers of Maintenance
- Ch 32 Powers of Advancement
- Ch 33 Powers of Appointment, Amendment and Like Powers
- PART 6: ADMINISTRATION OF THE TRUST PROPERTY
- Ch 34 Administrative Duties of Trustees
- Ch 35 Investment by Trustees
- Ch 36 Administrative Powers of Trustees
- Ch 37 Trusts of Land and Chattels
- Ch 38 Settled Land
- PART 7: PROCEEDINGS AND REMEDIES
- Ch 39 Applications
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