Law: equity and trusts, foundations Books

Book SynopsisWatt's Equity & Trusts Law Directions presents students with a considered balance of depth, detail, context, and critique on the topic.

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Book SynopsisThe Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law.The Law of Trusts provides a concise, yet academically rigorous, textbook that skilfully engages with both controversial and complex issues within the subject. James Penner offers perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a challenging subject. Drawing on a variety of learning features, including summaries of key issues discussed in each chapter, must-read cases, assessment questions, and carefully selected further reading, this approachable and thorough textbook equips students with the tools they need to engage critically with the subject.Digital formats and resourcesThe twelfth edition is available for sTable of ContentsPart I: The Express Trust 1: Historical origins of the trust 2: Basic principles 3: Trusts and powers 4: Modern discretionary trusts 5: Certainty 6: Constitution 7: The beneficiary principle 8: The trust up and running 9: Formalities Part II: Resulting Trusts and Bare Trusts 10: Resulting trusts 11: Bare trusts subject to contractual obligations and agency mandates Part III: Liabilities Arising from Breach of Trust and Fiduciary Obligations 12: Following, tracing, and claiming 13: The trustee's liability for breach of trust 14: Fiduciary relationships 15: Third party liability for breach of trust and fiduciary obligations 16: Restitution, unjust enrichment, and the law of trusts Part IV: Constructive Trusts 17: Constructive trusts and informal trusts of family property Part V: Charity 18: The law governing charities

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Book SynopsisTrusts & Equity continues to offer a comprehensive and user-friendly approach, providing a concise route through what can be a challenging area of the law. Drawing on years of experience, Gary Watt encourages students to actively engage with the subject and think critically about its central issues, outlining the key perspectives with clarity and rigour.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include: Video lectures presented by Gary Watt, providing an introduction to key areas of debate within the subject Essay questions and problem scenarios with accompanying answer guidance, along with general guidance on answering these kinds of questions to enable you tTrade ReviewReview from previous edition This is an excellent textbook which strikes a perfect balance. Watt has a wonderful writing style which makes complex issues understandable for all students, making this textbook an invaluable study aid. * Dr Claire-Michelle Smyth, University of Brighton *Once again, Gary Watt has produced one of the leading texts in equity and trusts. Watt is able to present complex ideas and notions clearly and simply, and students will be sure to benefit from this excellent textbook. * Dr Tom Frost, University of Sussex *Watt focuses on the relevant areas of equity and trusts, providing readers with a broad, but nevertheless rigorous, knowledge and understanding of the subject area. An accessible and important source of information. All in all, a very good book. * Dr Lloyd Brown, University of Birmingham *Table of ContentsPart I: Introduction to Trusts and Equity 1: Foundations 2: Trusts in context Part II: Creation and Recognition of Trusts 3: Trusts created expressly 4: Effective disposition of benefit: constitution of trusts 5: Ineffective disposition of benefit: resulting trusts 6: Formality, perpetuity, and illegality: trust creation and public policy I 7: Charity: trust creation and public policy II 8: Constructive trusts and informal trusts of land Part III: The Regulation of Trusts 9: Flexibility of benefit 10: The fiduciary duty 11: Fulfilling and filling the office of trustee 12: Trustee investment 13: Breach of trust: the personal liability of trustees Part IV: Trusts and Third Parties 14: Tracing and recovering trust property 15: The equitable personal liability of strangers to the trust Part V: Equity 16: Equitable maxims, doctrines, and remedies

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Book SynopsisKey Facts Key Cases: Equity & Trusts will ensure you grasp the main concepts of your Equity & Trusts module with ease. This book explains the facts and associated case law for: The nature of a trust,  the creation of express private trusts and purpose trusts  Constitution of trusts Types of trust: secret, protective and discretionary, resulting and constructive and charitable Trusteeship and the powers and duties of trustees Varying trusts Breach of trust and available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear rTable of ContentsPreface, 1. Introduction to Equity and Trusts, 2. The Creation of Express Private Trusts, 3. Purpose Trusts, 4. Constitution of Trusts, 5. Secret Trusts, 6. Protective and Discretionary Trusts, 7. Resulting Trusts and Constructive Trusts, 8. Charitable Trusts, 9. The nature of Trusteeship, 10. The Duties of the Trustees, 11. The Powers of the Trustees, 12. Variation of Trusts, 13. Breach of trust and Remedies

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Book SynopsisEssential Trusts Law for SQE1 explains the key principles of Trusts Law in a clear, concise, and easy-to-understand style. Written specifically for SQE study, this book covers all of the topics contained in the syllabus for the contract law subject area in SQE1 Functioning Legal Knowledge (FLK) assessments.The book aims to break down the apprehension and fear that many students have when encountering Trusts Law for the first time, by dividing the subject area into six sections, each covering a separate part of Trusts law within the SQE syllabus. The book also uses several practical features to allow students to test their understanding throughout the chapter. These include: Chapter Overviews; Revision Points: each chapter concludes with a concise list of key revision points; Problem Scenarios to ensure that the key principles are fully understood when applied in practical situations; Multiple-Choice Questions in the format used for the SQE1 (with answers in an appendix to enable you to test your knowledge). Part of Routledgeâs Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the key principles of Trusts Law and will enable you to test your assessment skills. Without the assumption of any prior knowledge of Trusts Law, it is suitable for both undergraduates and non-law graduates.

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Book SynopsisCharlie Webbis an Associate Professorin the Department ofLaw at the London School of Economics and Political Science, UK.Tim Akkouh is a Barrister at Erskine Chambers in London. He specialises in trusts, commercial, civil fraud and insolvency litigation.Table of Contents1. An Introduction to Equity and Trusts 2. Basic Concepts and Principles 3. Certainty 4. Purpose Trusts 5. Charitable Trusts 6. Formalities 7. Constitution and Promises to Create Trusts 8. Resulting Trusts 9. Constructive Trusts 10. Fiduciary Obligations 11. Non-fiduciary Obligations 12. The Administration of Trusts 13. Breach of Trust and Trustees' Liability 14. Proprietary Claims and the Liability of Third Parties 15. Injunctions 16. A Trust in Practice.

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Book SynopsisUnderhill & Hayton Law of Trusts and Trustees is our flagship Trusts title and is recognised as being the leading book in the market. Written by renowned experts in the field this major work provides practitioners with expert commentary on the law of trusts and trustees and is a guide to all legal developments relating to trusts. It examines legislation and case law, including cases from significant offshore trust jurisdictions likely to affect UK trust law - beneficial to those working in Trusts both at legal practices as well as banks and accountancy firms. It has been fully updated from the 19th edition.Its easy reference format takes you through the definitions of trusts, administration of trusts and consequences of breaches of trust. Whatever stage you are advising clients at, you will find all the information you need in Underhill and Hayton.

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Book SynopsisPrivate trust companies play an increasingly important role in the wealth structures of many ultra-wealthy families, offering a high degree of control and flexibility in the administration of a family’s trusts and the management of trust assets. Featuring chapters written by leading practitioners from firms including Appleby, McDermott, Will & Emery and Squire Patton Boggs, this edition fully explores the legal, regulatory and practical dimensions of forming and operating a private trust company. The relevant law in prime jurisdictions including Bermuda, the Cayman Islands, Hong Kong, Jersey and key US states is thoroughly examined. In addition, content shines a light on organisational and operational issues such as designing a private trust company’s ownership structure, implementing proper internal controls, outsourcing services and working with professional advisers. Important matters like coordinating with the family office, communicating with family, protecting privacy and handling disputes involving private trust companies are also tackled. This second edition features: a new chapter covering Guernsey; regulatory developments in the Cayman Islands; tax law changes in Hong Kong; legislative developments in Wyoming and other US states; recent cases relevant to private trust companies; discovery disputes involving private trust companies; and developments concerning beneficial ownership disclosure requirements in the United States and Europe. This handbook is a comprehensive resource for lawyers, accountants, family office executives and others who advise families on private trust companies.Table of ContentsIntroduction 7 Todd D Mayo Wealth structuring strategist Part I. Design and operation of private trust companies Considerations when forming a private trust company 11 Todd D Mayo Wealth structuring strategist Ownership and governance structures 33 Vanessa Schrum Appleby (Bermuda) Limited Kathryn von Matthiessen Katten Muchin Rosenman LLP Coordinating with the family office 45 Sara Schroter Michelle L Wolfe Meritus Trust Company Limited Facilitating essential communication with family members 67 Babetta von Albertini Institute for Family Governance Helping hands: utilising service providers 89 Ryan M Harding Garden Trust Company Jonathan W Motto McDermott Will & Emery LLP Internal controls 109 Elise J McGee McDermott Will & Emery LLP Beneficial ownership registers: the balance between transparency and privacy 123 Paolo Panico Private Trustees SA Teton Trust Company LLC US tax and regulatory considerations 143 Osvaldo Garcia JP Morgan Private Bank Sasha Grinberg Cadwalader, Wickersham & Taft LLP Dorothy Mehta Fried, Frank, Harris, Shriver & Jacobson LLP William S Schaaf Cadwalader, Wickersham & Taft LLP Disputes involving private trust companies 171 Nicholas Holland Joseph J Viviano McDermott Will & Emery LLP Part II. Non-US jurisdictions Bermuda 191 Ashley Fife Keith Robinson Carey Olsen Bermuda Limited British Virgin Islands 201 Fraser Allister Andrew Miller Bedell Cristin Cayman Islands 211 Fraser Allister Andrew Miller Bedell Cristin Guernsey 221 Joanna Caen Natasha Kapp Carey Olsen (Guernsey) LLP Hong Kong 231 Patricia Woo Squire Patton Boggs Jersey 241 Robert Dobbyn Carey Olsen Jersey LLP Sevyn Kalsi Bedell Cristin Jersey Partnership Part III. US jurisdictions Florida 255 Christopher W Boyett Nichole D Scott John L Stansbury Holland & Knight Nevada 267 Thomas M Cota Jason Nomsen Matthew Tobin SDTC Services of Nevada LLC New Hampshire 281 Steven M Burke Patrick O Collins McLane Middleton Todd D Mayo Wealth structuring strategist South Dakota 325 James Paladino South Dakota Planning Company Matthew Tobin South Dakota Trust Company LLC Tennessee 343 John M Bunge Aaron B Flinn Jill C Mastroianni Holland & Knight (formerly with Waller Lansden Dortch & Davis) Wyoming 355 Christopher M Reimer Amy M Staehr Long Reimer Winegar LLP About the authors 365 About Globe Law and Business 379

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Book SynopsisConcentrate Q&A Equity and Trusts is part of the Concentrate Q&A series, the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any of the competitors.

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Book SynopsisThis book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the ‘standpoint limitation’ and ‘remedial consistency’. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.Table of Contents1. Introduction 2. Theories of law 3. The structure of private law 4. The distributive justice theory of private law 5. The corrective justice theory of private law 6. The standpoint limitation approach 7. The standpoint limitation applied to tort and contract 8. Private property 9. Private property rights and claims 10. The common law

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Book SynopsisPraise for Private Equity Harold Bierman has blended an excellent mix of important principles with real case study examples for a better understanding on a rather sophisticated finance subject. -Edward M. Dudley, Vice President & General Auditor, ABB Americas The role of private equity firms in financing buyouts as well as providing growth capital has expanded significantly in the past decade. In a clear, concise way, Harold Bierman provides a timely and astute analysis of the virtues of private equity as well as creative quantitative methodologies that are applicable to real-life transactions. This book should become essential reading for investors, intermediaries, financial advisors and the management of private, almost private, or soon-to-be private firms. -James A. Rowan Jr., Managing Director, Investment Banking Legg Mason Wood Walker, Inc. As the private equity asset class has grown to over $300 billion in the last three yeTable of ContentsThe Many Virtues of Private Equity. Valuing the Target Firm. Structuring and Selling the Deal. A Changed Dividend Policy. A Changed Capital Structure. Merchant Banking. Operations: The Other Factor. The Many Virtues of Going Public. A Partial LBO: Almost Private Equity. Metromedia. LBO of RJR Nabisco (1988). Marietta Corporation (1994-1996). The Managerial Buy-out of United States Can Company (2000). Phillips Petroleum, Mesa and Icahn (1984-1985). Owens-Corning Fiberglas Corporation (1986).

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Book SynopsisThis book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.Trade ReviewMcBride is a master craftsman, who has turned his eye to a difficult and sometimes underappreciated subject. His comments are perceptive, and drawn from his wide knowledge of English private law. His analysis is (customarily) sharp. It is a very impressive text. I have recommended it to all my incoming students as a text to read in advance of their trusts studies. -- Julius Grower * University of Oxford *Well-written and engaging, and gets to some of the key debates. Very useful in that it allows you to get an overview of surrounding topics and thus delve deeper. -- Derek Whayman * Newcastle University *A very useful and thoughtful book which provides a good foundation for the course, whilst being challenging and thought-provoking. -- Graham Virgo * University of Cambridge *This is a very good, short title, integrating recent developments in trust law and practice worldwide into the basic description of the subject. Such integration has long been desirable. I think the book does an excellent job; most trusts titles are so bulky, while this book achieves the necessary revamping and modernization within a modest frame. -- Adam Hofri-Winogradow * University of British Columbia *This is one of the best short introductory books on trusts to be written in recent years. -- Nick Piska * University of Kent *Table of Contents1. Foundations 2. Persons and Purposes 3. Intended and Imposed 4. Trustees and Third Parties 5. Pandora’s Box

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Book SynopsisReaders say it best: "Very informative." "Saved me a lot of money and headaches!" "Recommend it for everyone who has to plan estates for their elderly parents"Living Trusts for Everyone is the best resource for setting up a living trust. Explaining in specific terms what benefits a trust will have, Ronald Farrington Sharp gives the tools necessary to set up a loved one’s trust with no lawyers and no expense.Wills benefit lawyers. Trusts benefit the clients. Too often lawyers sell wills to clients only to sit back and wait to sell their probate services to their clients’ heirs. Ronald Farrington Sharp describes the best way to handle modern estate planning and details the many advantages trusts have over wills in not only eliminating probate but in also protecting your assets for your heirs. Sharp explains why legal services are not needed to do the clerical work in settling a trust after death. This updated edition includes new information on an array of subjects, including: Elimination of the federal estate tax for most estates due to increased exemption amounts Online assets The use of passwords, usernames, and websites Keeping trustees honest and the process of removing trustees for malfeasance Forms for simplifying the planning process Strategies to lower attorneys’ fees With no legal jargon, just step-by-step instructions and sample form letters, Living Trusts for Everyone takes the mystery out of the process of setting up a trust.Trade Review“Sharp makes a reasoned and strong case for the use of trusts as a complete alternative for wills. For roughly the cost of a lunch, Living Trusts for Everyone can . . . equip the average American with enough thoughtful questions to ensure that his or her lawyer is doing all that s/he can to protect that person’s assets. For that alone, it belongs on your reading list.” —Logan Lo, New York Journal of Books “If you want to know a good deal about estate planning and trusts but don’t want a four-hundred-page boring book to read, I highly, highly recommend getting this one. It’s short, to-the-point, and very informative.” —Free Money, Finance.com “Ronald Sharp explains trusts in clear and easy-to-understand language, including one truth most lawyers don’t want to admit: a trust is often better than a will and less costly!” —Lonnie Mclane, Estate & Tax Consultants, LLC

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Book SynopsisThis review discusses the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, it also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The review includes a wide range of authors and outlooks ranging from Frederic Maitland to recent material on fiduciary obligations and discretionary trusts, highlighting the universality of Equity as a body of law, and the nature of the Trust as a fundamental juristic institution. This literary piece promises to be a useful tool for academics captivated by this subject area. Table of ContentsContents: Introduction Lionel Smith and Alexandra Popovici PART I EQUITY 1. Frederic William Maitland ([1909] 1929), ‘Lectures I and II: The Origins of Equity’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 1–11, 12–22 2. Paul D. Finn (1989), ‘The Fiduciary Principle’, in T. G. Youdan (ed.), Equity, Fiduciaries and Trusts, Chapter 1, Carswell, Toronto, Canada: Law Book Company, 1–56 3. Bernard Rudden (1992), ‘Equity as Alibi’, in Stephen Goldstein (ed.), Equity and Contemporary Legal Developments, Jerusalem, Israel: Hebrew University of Jerusalem, 30–45 4. Sarah Worthington (1999), ‘Fiduciaries: When is Self-Denial Obligatory?’, Cambridge Law Journal, 58 (3), November, 500–08 [9] 5. Steven B. Elliott and Charles Mitchell (2004), ‘Remedies for Dishonest Assistance’, Modern Law Review, 67 (1), January, 16–47 6. Joshua Getzler (2006), ‘Rumford Market and the Genesis of Fiduciary Obligations’, in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law: Essays in Memory of Peter Birks, Chapter 31, Oxford, UK and New York, NY, USA: Oxford University Press, 577–98 7. Maurizio Lupoi (2009), ‘”Trust and Confidence”’, Law Quarterly Review, 125, April, 253–87 8. Charles Mitchell (2013), ‘Equitable Compensation for Breach of Fiduciary Duty’, Current Legal Problems, 66 (1), January, 307–39 9. Andrew Kull (2014), ‘Ponzi, Property, and Luck’, Iowa Law Review, 100 (3), March, 291–322 10. Paul B. Miller (2014), ‘The Fiduciary Relationship’, in Andrew S. Gold and Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 63–90 11. Irit Samet (2016), ‘Fiduciary Law as Equity’s Child’, in Paul B. Miller and Andrew S. Gold (eds), Contract, Status, and Fiduciary Law, Chapter 6, Oxford, UK and New York, NY, USA: Oxford University Press, 139–66 12. Remus Valsan (2016), ‘Fiduciary Duties, Conflict of Interest, and Proper Exercise of Judgment’, McGill Law Journal, 62 (1), September, 1–40 13. Henry E. Smith (2017), ‘Fusing the Equitable Function in Private Law’, in Kit Barker, Karen Fairweather and Ross Grantham (eds), Private Law in the 21st Century, Chapter 9, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 173–95 PART II TRUSTS 14. Frederic William Maitland ([1909] 1929), ‘Lecture III: Uses and Trusts’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 23–42 15. Joseph R. Long (1922), ‘The Definition of a Trust’, Virginia Law Review, 8 (6), April, 426–33 16. D.W.M. Waters (1967), ‘The Nature of the Trusts Beneficiary’s Interest’, Canadian Bar Review, 45 (2), March, 219–83 17. Roger Cotterrell (1987), ‘Power, Property and the Law of Trusts: A Partial Agenda for Critical Legal Scholarship’, Journal of Law and Society, 14 (1), Spring, 77–90 18. David Hayton (1996), ‘The Irreducible Core Content of Trusteeship’, in A. J. Oakley (ed.), Trends in Contemporary Trust Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 47–62 19. George L. Gretton (2000), ‘Trusts Without Equity’, International and Comparative Law Quarterly, 49 (3), July, 599–620 20. Robert Chambers (2002), ‘Liability’, in Peter Birks and Arianna Pretto (eds), Breach of Trust, Chapter 1, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 1–40 21. Paul Matthews (2002), ‘From Obligation to Property, and Back Again? The Future of Non-Charitable Purpose Trust ’, in David Hayton (ed.), Extending the Boundaries of Trusts and Similar Ring-Fenced Funds, The Hague, the Netherlands: Kluwer Law International, 203–41 22. Tony Honoré (2003), ‘Trusts: The Inessentials’, in Joshua Getzler (ed.), Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn, Chapter 1, London, UK: LexisNexis Butterworths, 7–20 23. John H. Langbein (2004), ‘Mandatory Rules in the Law of Trusts’, Northwestern University Law Review, 98 (3), March, 1105–27 24. Paul Matthews (2006), ‘The Comparative Importance of the Rule in Saunders v. Vautier’, Law Quarterly Review, 122, April, 266–94 25. Lionel D. Smith (2008), ‘Trust and Patrimony’, Revue Générale de Droit, 38 (2), November, 379–403 26. Ben McFarlane and Robert Stevens (2010), ‘The Nature of Equitable Property’, Journal of Equity, 4, March, 1–28 27. Lusina Ho (2013), ‘Trusts: The Essentials’, in Lionel Smith (ed.), The Worlds of the Trust, Chapter 2, Cambridge, UK: Cambridge University Press, 1–20 28. J.E. Penner (2014), ‘Distinguishing Fiduciary, Trust, and Accounting Relationships’, Journal of Equity, 8, 202–34 29. Alexandra Popovici (2015), ‘Trusting Patrimonies’, in Remus Valsan (ed.), Trusts and Patrimonies, Chapter 9, Edinburgh, UK: Edinburgh University Press, 199–220 30. Robert Chambers (2016), ‘The End of Knowing Receipt’, Canadian Journal of Comparative and Contemporary Law, 2 (1), March, 1–32 31. Ying Khai Liew (2016), ‘Reanalysing Institutional and Remedial Constructive Trusts’, Cambridge Law Journal, 75 (3), November, 528–49 32. Alexandra Braun (2017), ‘The State of the Art of Comparative Research in the Area of Trusts’, in Michele Graziadei and Lionel Smith (eds), Comparative Property Law: Global Perspectives, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 121–49 33. John Mee (2017), ‘The Past, Present, and Future of Resulting Trusts’, Current Legal Problems, 70 (1), December, 189–225 34. Lionel Smith (2017), ‘Massively Discretionary Trusts’, Current Legal Problems, 70 (1), December, 17–54 Index

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Book SynopsisThe Salvation Army is well known for its work with the poor and disadvantaged. There is, however, much more to the story of the Salvation Army than their highly commendable good works. They have been so closely identified with a programme of social action that their wider history has been marginalized. This history includes a period of astonishing levels of opposition and religious persecution which the Army faced in its early years. Many Salvationists were badly injured in violent street riots against them while at the same time facing imprisonment as the force of the law was brought to bear on their evangelism. Among all those places in Britain where the Salvation Army was persecuted, that in the south-coast town of Eastbourne during the 1880s and 1890s stands out as worthy of attention. The Sussex seaside resort played a hugely important part in the wider anti-Salvation Army narrative as it was in Eastbourne that opposition was among the most violent and protracted. Significantly and surprisingly, the vehemence and savagery was supported by the local Council and Mayor. The narrative of The Mob and The Mayor is chronological and entirely evidence based. It includes: Eyewitness accounts; newspaper reports; Parliamentary papers; Eastbourne Council & Watch Committee Meetings Minutes; and Salvation Army documents. Britain was at times at war with itself as the country came to terms with urban poverty resulting from the Industrial Revolution. The persecution of the Salvation Army at the Victorian seaside sheds a wider light on the struggles to promote social betterment for all.Trade Review"Eastbourne may seem the height of gentility now, but in the 1880s and 1890s it was the scene of violent persecution. Even the local council and mayor got in on the act. And the subject of their wrath? The Salvation Army. The better-off, who had retired to the town, found the Salvationist commitment to the poor and their evangelistic methods quite alien. The Army also angered the working-classes, who didnt wish to be admonished about the evils of drink. Skeleton armies targeted marching bands and riots broke out. The council made street marches a punishable offence, but the Salvationists carried on marching, suffering injury and jail. Who won? Read this absorbing tale to find out." -- Angela Wintle, Sussex Life, February 2021

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Book SynopsisAs the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation.Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.Trade Review‘A bold piece of scholarship on a topic of unusual complexity and great practical interest. Lucas Clover Alcolea ticks all the boxes with an engaging, thoroughly-researched, exhaustive study of the many facets of trust disputes. The privacy of the arbitral process has long been attractive to the universe of trusts and this excellent work examines every angle, from the arbitrability of trust disputes to the representation of minor, unborn or unknown beneficiaries, capping off with a helpful review of critical drafting issues in drawing up a trust arbitration clause.’ -- Sophie Nappert, Arbitrator, Gray's Inn, UK and Co-Chair, ICC Task Force on Trusts and Arbitration‘Arbitration of Trust Disputes is a very useful and clearly written addition to the international literature on arbitration law. Trusts pose unique challenges for arbitration. They are a creature of equity and the courts jealously guard their supervision of trusts for the benefit of the beneficiaries. This book addresses in depth the key issues of arbitrability of trust disputes and the ability of arbitration clauses to bind all affected parties, as well as associated process issues. By drawing on case law and legislation from across the world, this book provides invaluable insights of international relevance and significance.’ -- Nicola Peart, Emerita Professor of Law, University of Otago, New Zealand‘Arbitration of Trust Disputes is a comprehensive and insightful analysis of the special issues that arise when internal trust disputes are brought to arbitration. The text not only provides both scholarly and practical guidance, it also offers both domestic and international perspectives. This book is a welcome addition to the growing literature on trust arbitration.’ -- Dr. S.I. Strong, The University of Sydney, AustraliaTable of ContentsContents: 1. Introduction to the Arbitration Of Trust Disputes 2. (In-)arbitrability 3. Binding parties to trust arbitration clauses 4. Trust arbitration and due process: The ECHR and common law principles of natural justice 5. Representation of beneficiaries in arbitral proceedings 6. Conflicts of laws issues and The Hague Trust Convention 7. Existing statutory frameworks for trust arbitration 8. Enforceability of trust arbitration awards under the New York Convention and commonwealth law 9. Issues to consider when drafting a trust arbitration clause Bibliography Index

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Book SynopsisThis casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.Table of ContentsPreface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protection of property rights Chapter 3. Types of property rights: immovables and movables Chapter 4. Types of property rights: claims Chapter 5. Property rights as security interests Chapter 6. Management devices: trust, treuhand, fiducie Chapter 7. Creation Chapter 8. Transfer Chapter 9. Destruction Chapter 10. Uniform or harmonised property law Tables Contributors Bram Akkermans (Maastricht University, NL) Monika HINTEREGGER (University of Graz, AU) Caroline LEBON (University of Leuven, BE) John Michael MILO (University of Utrecht, NL) Vincent SAGAERT (University of Leuven, University of Antwerp, BE) William SWADLING (University of Oxford, UK) Sjef VAN ERP (Maastricht University, NL) Lars VAN VLIET (University of Maastricht, NL) Assisted by Ton ROSEBOOM (Maastricht University) Advisory committee Madeleine CANTIN CUMYN (McGill University, CA) Susan FRENCH (UCLA Law School, USA) Kenneth REID (Edinburgh University, UK)

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Book SynopsisThis book is intended to meet a range of different needs and to cater for different levels of knowledge about employee ownership. If you are considering making your company employee-owned or you are advising someone going through that process, and in either case are new to the topic, you can build up your knowledge levels from Chapter 1. Alternatively, the book can be used as a reference work if you have a particular question to answer.Some parts of the book will not be relevant to every reader. For example, several Chapters consider how employees can acquire shares personally: these will not be relevant to companies which intend their employee ownership only to be through an employee trust.The book is intended as practical guide rather than a highly detailed technical treatise. Its priority is to explain key issues in an accessible fashion and to raise awareness of where further exploration and advice may be important.Table of ContentsChapter 1: This Chapter looks at the background to employee ownership and why companies choose to become employee-owned. Chapter 2: Employee trusts are a key part of the structure of most employee-owned companies, as outlined in this Chapter. Individual share ownership is also introduced here, as some employee-owned companies combine ownership by an employee trust (which usually holds the majority of the company's shares) with direct, individual ownership of shares by employees. Chapter 3: Delves more deeply into how employee trusts work and how the role of trustees as owners interacts with the role of the company's directors. Chapter 4: In this Chapter, the key steps and decisions that will need to be made in establishing an employee trust are considered. Chapter : This Chapter starts to look in more detail at individual share ownership, in particular the ways in which employees can acquire shares personally, and provides a summary of the tax reliefs that are available for individual employees acquiring shares in their company. Chapter: Employee ownership trusts are a particular kind of employee trust, bringing particular tax reliefs. This Chapter considers these tax reliefs and the various conditions which must be satisfied. Chapter 7: Many companies become employee-owned through the existing owners transferring their shares to an employee trust. This Chapter looks at how to plan ownership succession in this way and some key questions that will need to be considered. Chapter 8: An employee ownership trust deed is likely to form the structural core of most employee-owned companies. This Chapter explains the key provisions that it will commonly include. Chapter 9: This Chapter considers the people issues which arise in a transition to employee ownership, and has been written by Jeremy Gadd. The next five Chapters look in more detail at how employees can acquire shares individually and may be of value to companies wishing to include individual share ownership alongside trust ownership. Chapters 10 and 11 look at two tax-advantaged all-employee share schemes. Chapter 10: The Share Incentive Plan (SIP) enables employees to purchase shares or receive free shares, in each case with relief against income tax. The SIP is an all-employee share scheme, which means that all employees must be allowed to participate in any offer of shares. This Chapter looks at the statutory requirements for operating a SIP and how it works in practice. Chapter 11: Save As You Earn (SAYE) options is another form of all-employee share scheme, under which employees can be granted options to acquire shares in the future and those employees who participate will save a monthly amount towards the option exercise price. This Chapter considers how SAYE options work. Chapters 12 and 13 look at tax-advantaged share schemes which do not need to involve all employees: Chapter 12: This Chapter looks at Enterprise Management Incentive (EMI) options. For companies wishing to create personal share ownership for their key people, EMI options will often be the best place to start. There are particular eligibility requirements for EMI options. These are considered in this Chapter, which also discusses the key elements of an EMI scheme, and offers suggestions as to how EMI options can be structured. Chapter 13: An alternative to EMI options is the Company Share Option Plan (CSOP). This Chapter considers how the CSOP works. Chapter 14: This Chapter looks at other ways in which employees can acquire shares personally. Chapters 15 to 20 consider other legal, regulatory and taxation issues. Chapter 15: Where employees are to acquire shares (or cash) from an employee trust, it is important to ensure that this is structured in a way which does not fall foul of tax anti-avoidance rules which were introduced to counter what is commonly referred to as disguised remuneration. This Chapter looks at these provisions and how to keep on the right side of them. Failure to do so could result in a charge to income tax and National Insurance on the value of assets even though an employee has not acquired any definite ownership rights over them. Chapter 16: This Chapter sweeps up some other legal and regulatory matters not directly covered in previous Chapters. Chapter 17: This Chapter covers data protection requirements. Chapter 18: This Chapter covers phantom shares. Chapter 19: This looks at the interaction between corporation tax, employee trusts and different individual employee share schemes. Chapter 20: There are a number of registration and filing requirements with HM Revenue and Customs and the Registrar of Companies. This Chapter considers these and some continuing administration requirements and summarises the accounting treatment of employee trusts and employee share schemes.

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Book Synopsis[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.Table of ContentsEinführung § 1 Problemstellung § 2 Rechtsvergleichung als Methode § 3 Gang der Untersuchung Erster Teil: Stiftungen in Europa § 1 Die privatrechtliche Stiftung: Begriff und Erscheinungsformen § 2 Stiftungszweck § 3 Stiftungsvermögen § 4 Stiftungsorganisation § 5 Stiftungsentstehung § 6 Stiftungsaufsicht und alternative bzw. sie ergänzende Schutzmechanismen § 7 Zweckänderung § 8 Beendigung § 9 Grenzüberschreitende Aspekte Zweiter Teil: Die europäische Stiftung § 1 Aufgaben und Funktionen supranationaler europäischer Rechtsformen § 2 Aufgaben und Funktionen einer Europäischen Stiftung § 3 Eine Verordnung für die Schaffung des Statuts einer Europäischen Stiftung § 4 Profil des Statuts einer Europäischen Stiftung Zusammenfassung § 1 Ergebnisse § 2 Abschließende Bewertung Schrifttumsverzeichnis Wichtigste europäische und internationale Quellen

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Book SynopsisKathleen Dean Moore begins with a review of the history of thought and practice on the subject of legal pardons, illustrated with a rich and fascinating variety of historical cases. She then addresses many crucial issues surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. She carefully analyses the moral justification of pardons, discussing how to distinguish between justifiable, even morally obligatory, cases and unjustifiable abuses of clemency power.Trade ReviewMoore has made an important contribution to punishment theory in general and to an all too frequently neglected aspect of punishment in particular, namely, the role of the pardon in the criminal justice system. All terms, concepts, and arguments are clearly defined and logically developed. The endnotes, bibliography, and index are excellent. Highly recommended for public and undergraduate libraries. * M.A. Foley, Marywood College, Social and Behavioral Sciences *

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Book SynopsisThe theme of the essays in this volume recognizes the continuing practical importance of equity in the law today. It focuses on the commercial context, in particular the fiduciary obligations of those in whom trust or confidence is reposed and in the consequences of any breach of those obligations.Trade Review'immense value ... there are 11 first rate papers on equity operating ... in a commercial context ... not a book to be dipped into, but one to be devoured whole' Paul Matthews, Lloyd's Maritime and Commercial Law QuarterlyTable of ContentsPart 1 Statutory regulation of financial services and general fiduciary obligations: fiduciary law and the modern commercial world, Paul Finn. The statutory regulation of financial services in the United Kingdom and the development of Chinese Walls in managing conflicts of interest, Peter Graham; The relationship between regulations governing the financial services industry and fiduciary duties under the general law, Jack Beatson. Part 2 Directors' duties to shareholders, creditors, and employees: directors, creditors and shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, D.D.Prentice; Directors' fiduciary duties and individual shareholders, Paul L.Davies; Directors' duties to shareholders, employees and other creditors - a view from the continent, Klaus J.Hopt. Part 3 Trusts in the recovery of misapplied assets: the recovery of a director's improper gains - proprietary remedies for infringement of non-proprietary rights, Roy Goode; Trusts in the recovery of misapplied assets - tracing, trusts, and restitution, Peter Birks; The treatment of trust assets in English insolvency law, Hamish Anderson. Part 4 Asset protection for multinational companies and their shareholders: asset protection for multination corporations, Harry Wiggin; The adaptation of the asset protection trust for use by the multinational corporation - the American perspective, Jeffrey Schoenblum.

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Book SynopsisThe law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to ''launder'' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

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Book SynopsisThis collection of essays demonstrates the continuing vitality and commercial importance of trusts in the Common Law world. Trusts is a subject that continues to excite interest with its mixture of sophisticated thinking and practical applications.

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Book SynopsisIn a subject heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential reference source for students. The tenth edition contains a diverse range of relevant and interesting cases, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal materials are accompanied by non-legal literary texts with a view to making legal points more interesting and memorable. Gary Watt continues to combine the highly-regarded, rigorous scholarship and student-focused approach established through previous editions in his expertly-selected choice of materials and commentary. Utilizing key features as tools to assist students'' learning and revision, including questions, suggestions for further reading, and notes, Gary Watt threads the broad spectrum of equity case law together with his unique flair, making it an engaging and insightful companion to a course in trusts.Online Resource CentreThe tenth edition is supportTrade ReviewI think the text is a superb example of a particularly important type of textbook. It helps guide students in the application of their legal knowledge with certainty, detail, and rigour. The text is clear, well structured, and evidently written from a point of esteemed authority. * Chris Lloyd, Oxford Brookes University *This book is invaluable and, crucially, enjoyable; a combination many books do not possess. I do not hesitate to recommend it to students looking to purchase a cases and materials book. * Alexander Murray, Anglia Law School *Table of ContentsPART I: INTRODUCTION TO EQUITY AND TRUSTS; PART II: CREATION AND RECOGNITION OF TRUSTS; PART III: THE REGULATION OF TRUSTS; PART IV: TRUSTS AND THIRD PARTIES; PART V: EQUITY

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Book SynopsisThis second edition of Sarah Worthington''s Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself.Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity''s most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accesTrade ReviewReview from previous edition "...she writes in simple and meaningful terms (without being simplistic) and generally without sacrificing accuracy" Common Law World Review"...her analysis of the issues is clear and crisp." Common Law World Review"Worthington has produced a monumental work...No one who is interested in the future development of the law will want to be without it; and no one who has any part to play in that process can afford to be." The Rt Hon The Lord Millett"An excellent example of Worthington's lucid style is provided by her exposition of 'mere equity', a concept that most law students (and, I am sure, many equity and property lawyers) struggle to come to grips with." Common Law World ReviewTable of ContentsINTRODUCTION; PROPERTY; CIVIL WRONGS; CONTRACT; UNJUST ENRICHMENT; CONCLUSION

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Book SynopsisThis 2001 book is an attempt to deal with trusts on a comparative law basis. It covers three models of trust: the English, the international and the civilian. It examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.Table of Contents1. Introduction; 2. The heart of the trust; 3. The traditional English model; 4. The international trust model; 5. Trusts in civil law or mixed legal systems; 6. The Hague Convention; 7. Trusts in Italy.

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Book SynopsisA Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook. The third edition has been fully updated to discuss recent landmark decisions, including Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 and Smethurst v Commissioner of Police [2020] HCA 14. Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students'' understanding of complex cases and issues. Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.Table of ContentsPart A. Introduction: 1. An overview of equity; Part B. Equitable Remedies: 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Rescission and rectification; 6. Bars to relief; Part C. Equity, Contract and Property: 7. Equity in contract law; 8. Equitable proprietary interests; 9. Equitable assignments; Part D. Equitable Obligations: 10. Fiduciary relationships and obligations; 11. Participants in a breach of fiduciary obligation; 12. Breach of confidence; Part E. Express Trusts: 13. The concept of the express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable and non-charitable purposes; Part F. Performing The Trust: 17. Trustees' duties and powers; 18. Investment of trust funds; 19. Trustees' rights and liabilities; Part G. Breach of Trust: 20. Breach of trust: Defences and remedies; 21. Tracing; Part H. Resulting and Constructive Trusts: 22. Resulting trusts; 23. Constructive trusts; Part I. Terminating and Varying Trusts: 24. Termination and variation of trusts.

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Book SynopsisAlastair Hudson is Professor of Equity and Finance Law at the University of Southampton, UK. He is a UK National Teaching Fellow, a Fellow of the Royal Society of Arts and a Fellow of the Higher Education Academy.

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Book SynopsisThe so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust. Although accepted by insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the foundations of the trust and subject them to a searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner (LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill), 'Understanding the Power'; Robert Chambers (Alberta),'Restrictions on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money'; Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford), 'Insolvency'; George Gretton (Edinburgh),'Scotland'.Trade ReviewAll students and practitioners who are required to deal with trust relationships should read this book, as it is a masterclass of learning and insight on the subject of trusts. Martin Palmer Journal of International Trust and Corporate Planning August 2004 ...it must be emphasised that this is an excellent collection of essays. The level of learning and scholarship contained therein is remarkable. From a practical perspective, this book has further confirmed that the Quistclose trust analysis remains somewhat unstable and lenders are better off relying on the conventional security, rather than structuring transactions around a Quistclose trust. From a personal perspective, the reviewer feels privileged to be able to review a book that contains Professor Birks' last published word on the subject of Quistclose trust. Look Chan Ho Journal of Business Law November 2004Table of Contents1. Rolls Razor Ltd Robert Stevens 2. Orthodoxy William Swadling 3. Lord Millett’s Analysis James Penner 4. Understanding the Power Lionel Smith 5. Restrictions on the Use of Money Robert Chambers 6. Retrieving Tied Money Peter Birks 7. Commerce Ewan McKendrick 8. Insolvency Robert Stevens 9. Scotland George Gretton

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Book SynopsisLandmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.Table of Contents1. The Earl of Oxford's Case (1615) David Ibbetson 2. Coke v Fountaine (1676) Mike Macnair 3. Grey v Grey (1677) Jamie Glister 4. Penn v Lord Baltimore (1750) Paul Mitchell 5. Burgess v Wheate (1759) Paul Matthews 6. Morice v Bishop of Durham (1805) Joshua Getzler 7. Tulk v Moxhay (1848) Ben McFarlane 8. Prince Albert v Strange (1849) Lionel Bently 9. Ramsden v Dyson (1866) Nick Piška 10. Bishop of Natal v Gladstone (1866) Charlotte Smith 11. Earl of Aylesford v Morris (1873) Catharine MacMillan 12. Re Hallett's Estate (1879–80) Graham Virgo 13. North-West Transportation Co Ltd v Beatty (1887) Lionel Smith 14. Rochefoucauld v Boustead (1897) Ying Khai Liew 15. Re Earl of Sefton (1898) Chantal Stebbings 16. Nocton v Lord Ashburton (1914) James Edelman 17. Regal (Hastings) Ltd v Gulliver (1942) Richard Nolan 18. National Anti-Vivisection Society v Inland Revenue Commissioners (1948) Jonathan Garton 19. National Provincial Bank Ltd v Ainsworth (1965) Alison Dunn 20. Boardman v Phipps (1967) Michael Bryan 21. Pettitt v Pettitt (1970) and Gissing v Gissing (1971) John Mee 22. Paragon Finance plc v DB Thakerar & Co (a firm) (1999) Christian Daly and Charles Mitchell

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Book Synopsis

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Book SynopsisThe Cyprus International Trust Law was originally enacted in 1992 and amended in 2012. It is a modern and flexible piece of legislation expressly addressing the needs of international families relying on Cyprus to arrange their wealth. At the same time, Cypriot resident families can apply the Trustee Law 1955, which is based on English law, to govern their trusts. Trust Laws in Cyprus reviews both of these laws and places them in an international context, pointing out the solutions available on the island for wealth management, estate planning and asset protection purposes. Authored by well-known experts in this field, chapters specifically analyse the relevance of Cyprus trusts where settlors wish to retain certain powers, arrange their succession in a more flexible manner than would be possible under forced heirship provisions, or protect heirloom assets from creditor claims. The book also covers the taxation of Cyprus trusts, both international and domestic, and the functioning of the UBO register of trusts under the 5th EU AML Directive. This title is the only systematic review of the Cyprus trust laws in English. It will be an invaluable reference work to help lawyers and other private client advisers structure their clients' wealth. It will also assist professional trustees involved in the administration of Cyprus trusts, and be useful for accountants and tax advisers in relation to the tax treatment of various types of Cyprus trusts.Table of ContentsForeword: Perspectives on the Cyprus international trust law journey 5 Peter G Economides Totalserve Management Limited Richard FG Pease Solicitor (England and Wales); Consultant (Geneva, Switzerland) Stella Kammitsi Raza Corporate Services Ltd; Chair – STEP Cyprus Part I The Cypriot legal system: an overview 13 Eleni Louca Christodoulos G Vassiliades & Co LLC Trusts in Cyprus under domestic law 25 Chrysthia PapacleovoulouVassiliou Open University of Cyprus Evi Papacleovoulou Law Chambers Nicos Papacleovoulou LLC Vakfs: the Islamic version of trusts 43 Paolo Panico Private Trustees SA; Chair – STEP Europe Charitable trusts and charitable organisations 59 Eleni Drakou Michael Kyprianou & Co LLC Part II The Cyprus International Trusts Law 1992–2012: new dynamics 77 Chrysthia PapacleovoulouVassiliou Open University of Cyprus Settlor reserved powers trusts 109 Emily Yiolitis Anemi Trustees Limited Beneficiaries’ right to information 117 Nicky Xenofontos N Xenofontos LLC Trustee investment powers and delegation 135 Savvas Georgiou Christodoulos G Vassiliades & Co LLC Protectors 145 Emily Yiolitis Anemi Trustees Limited Non-charitable purpose trusts 153 Panayiota Kouzoupi Christodoulos G Vassiliades & Co LLC The trustee’s ability to request directions from the court 165 Constantinos Constantinides Stefanos Marangos Christodoulos G Vassiliades & Co LLC Perpetuity and duration 177 Paolo Panico Private Trustees SA; Chair – STEP Europe Forced heirship: the ‘firewall legislation’ 183 Stella Kammitsi Raza Corporate Services Ltd; Chair – STEP Cyprus Asset protection trusts 201 Peter G Economides Totalserve Management Limited The trustee’s liability to third parties and mistake 209 Nicky Xenofontos N Xenofontos LLC The main ingredients of an international trust law – some proposals for reform 221 Paolo Panico Private Trustees SA; Chair – STEP Europe Nicky Xenofontos N Xenofontos LLC Analysis of Cyprus case law involving Cyprus international trusts 237 Chrysthia PapacleovoulouVassiliou Open University of Cyprus Part III Taxation 257 George Economides E & G Economides LLC Trusts and ultimate beneficial ownership registers in Cyprus 265 Eleni Drakou Michael Kyprianou & Co LLC Appendix 277 About the authors 279 About Globe Law and Business 285

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Book SynopsisA new, updated edition of the ultimate guide to trusts Trusts are powerful and flexible financial planning tools, and this new edition of The Complete Book of Trusts covers everything you need to know to protect your hard-earned assets from taxes, creditors, and more.Table of ContentsPART ONE: UNDERSTANDING THE BUILDING BLOCKS OF A TYPICAL TRUSTS. Overview of Trusts. The Trust Document: Basic Building Blocks. Transferring Assets to Your Trust. Grantor's Rights and Powers. Designations and Rights of Beneficiaries. Fiduciary Rights, Powers and Obligations. Investment Standards and Decisions. Distribution of Income and Principal. Miscellaneous Trust Provisions and Exhibits. PART TWO: TAX CONSEQUENCES OF TRUSTS. Planning for the Gift and Estate Tax. Planning for the Generation Skipping Transfer Tax. How Trusts and Beneficiaries are Taxed. PART THREE: TRUSTS FOR DIFFERENT PEOPLE AND ORGANIZATIONS. Trusts for Yourself. Trusts for Your Spouse. Trusts for NonMarried Partners. Trusts for Children and Others. Trusts for Charities. PART FOUR: TRUSTS FOR SPECIFIC TYPES OF ASSETS. Trusts to Protect Your Assets. Life Insurance Trusts. Trusts for Securities. Trusts for Business Asstes. Trust for Real Estate. Trusts for Pensions and Employee Benefits. PART FIVE: TERMINATION OF YOUR TRUST. Trust Termination. Index.

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Book SynopsisFocusing on the private law of England, Scotland, France, Quebec and the Netherlands, this volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept.

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Book SynopsisAs globalisation continues apace, opportunities are arising for practitioners in trust jurisdictions that did not exist a few years ago. Growth continues in the traditional trust jurisdictions, especially in civil law jurisdictions where trusts and foundations have previously been used in a limited capacity. In parallel, the concept of the foundation has been adopted by several common law jurisdictions that, until recently, have relied exclusively on trusts – notably Jersey and Gibraltar. The fifth edition of 'Trusts in Prime Jurisdictions' has been fully updated and features a number of new chapters on topics including trust and real estate trust in Israel, what it means to be a fiduciary family office, the role of the trust protector, Islamic (Waqf) trusts, and trusts in relation to divorce. In addition, new for this edition are chapters on Germany and Bermuda. Produced in association with STEP, this edition provides a solid grounding in the use of trusts in a wide range of important jurisdictions and contexts. It also examines related topics such as trust taxation, anti-money laundering laws, the OECD initiative, CRS, exchange of information, transparency of registers and the notion that countries are entitled to collect taxes beyond their borders, among others. Written by leading professionals and recognised academics, many of whom are STEP members, the fifth edition of 'Trusts in Prime Jurisdictions' will be an essential resource for all lawyers, trust practitioners and banking professionals working in the field.Trade ReviewThe Fifth Edition of Trusts in Prime Jurisdictions will be a valuable primer, an enabler of us asking the right questions of our opposite numbers in the other jurisdiction, even where it does not provide the answer. -- Richard CitronAs a lawyer from a civil law country, I am thankful for having had the possibility to review a two-volume book dealing with trusts, which has recently been updated and which greatly helped me bridge the gap and expand my knowledge. The editors of Trusts in Prime Jurisdictions (Alon Kaplan from Israel and Barbara R Hauser from the United States) are well-known practitioners. They have brought together more than 50 contributors, mostly from common law countries but also a few from civil law jurisdictions. -- Dr Niklas SchmidtTable of ContentsPreface Introduction Alon Kaplan Barbara R Hauser Part One: Introduction Hague Convention Hein Koetz Max-Planck Institut, International Academy of Comparative Law The Hague Convention on Trusts and the Uniform Code Michael W Galligan Phillips Nizer LLP Part Two: Jurisdictional Overview Australia Allan Blaikie Mathew Fenwick Clayton Utz Bermuda Keith Robinson Carey Olsen British Virgin Islands Christopher McKenzie Vanessa King O’Neal Webster Canada Rachel Blumenfeld Martin J Rochwerg Miller Thomson LLP Cyprus Emily Yiolitis Harneys Aristodemou Loizides Yiolitis LLC Cayman Islands Bernadette Carey Carey Olsen England and Wales Martyn Gowar Ziva Robertson McDermott Will & Emery UK LLP Germany Raoul Jacobs Bafin Guernsey Natasha Kapp Nina Silva Carey Olsen Gibraltar Moses J Anahory Wayne Fortunato James Levy QC Hassans Hong Kong India Ravi Nath Rajinder Narain & Co Israel Lyat Eyal Aronson, Ronkin-Noor, Eyal Law Firm Alon Kaplan Advocate and Notary Meytal Liberman Alon Kaplan Law Firm Japan Makoto Arai Chuo University, Tokyo Jersey Justin Harvey-Hills Mourant Ozannes Oliver Schmidt Allgemeines Treuunternehmen Liechtenstein trusts and foundations: creation and operation Dietmar Loretz Jacqueline Marxer David Vogt & Partner Trust reg Luxembourg Paulo Panico Paolo Panico’s Law Chambers – Private Trustees SA Malta Priscilla Mifsud Parker Chetcuti Cauchi Advocates New Zealand Quebec Marilyn Piccini Roy Robinson Sheppard Shapiro LLP Scotland Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA Switzerland Dominique Jakob University of Zurich Peter Picht Max Planck Institute for Innovation and Competition; University of Zurich The use of trusts in Switzerland Daniel Bader Daniel Leu Baer & Karrer Ltd United States Barbara R Hauser Independent Family Adviser The use of trusts for estate planning in the US Stanley A Barg Kozusko Harris Duncan Part Three: Special Topics Asset protection trusts Gideon Rothschild Moses & Singer LLP International trust litigation, jurisdiction and enforcement David Faust Faust Oppenheim LLP The trustee as fiduciary: some practical considerations David Faust Faust Oppenheim LLP Fiduciary responsibility Susan Schoenfeld Wealth Legacy Advisors LLC Trusts, trustees and family businesses Christian Stewart Family Legacy Asia (HK) Limited Settlor control and influence-through the use of settlor-reserved powers and private trust companies Paul Matthams Carey Olsen The UK Tax Treatment of Offshore Trusts Maggie Gonzalez Buzzacott LLP Trusts and money laundering Yehuda Shaffer Deputy State Attorney (Financial Enforcement) Israel International Family Governance Integration with Family Trusts Barbara R Hauser Independent Family Adviser Trust and Divorce Ziva Robertson McDermott Will & Emery UK LLP The trust protector – a mini revolution in trust law Alexander A Bove Jr Bove & Langa Law Firm The war on trusts Filippo Noseda Withers LLP Beneficial ownership registers of companies and trusts Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA

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Book SynopsisThis book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time. Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about ‘passing on’, ‘legacies’, and ‘heirlooms’; troubles some of the enduring consequences of ‘charitable bequests’, ‘family money’, and ‘estate planning; and, deepens our understanding of the intimate and political practices of inheritance.Table of Contents1. Introduction: Why Inheritance? Daniel Monk ( University of London, UK) and Suzanne Lenon (University of Lethbridge, Canada) Part One: Foregrounding Inequalities – Past and Present 2. Defining Family Trees and Building Family Fortunes: A Look into Dispossession and Enrichment Through Inheritance Laws, Allison Tait (University of Richmond, UK) 3. ‘My Reputed Children’: Legacies of Enslavement in Atlantic-Island Wills, Anne Bottomley (Kent Law School, UK) 4. ‘Charitable Inclinations’: Women’s Bequests to Ireland’s Magdalene Laundries, Máiréad Enright (Birmingham Law School, UK) Part Two: Legal Fiction and Wills in Fiction 5. Surnames and Inheritance: Will-Plotting and Female Economic Power in the Eighteenth-Century Novel, Jolene Zigarovich (University of Northern Iowa, USA) 6. Murder, Inheritance and Family Provision in the Golden Age of English Detective Fiction, Rebecca Probert (Exeter University, UK) Part Three: Resistance, Rights and Agency 7. The Story of the Pink Cat: An Exploration of the Ways Care-Experienced People Navigate Inheritance, Delyth Edwards (University of Leeds, UK) and Rosie Canning (University of Southampton, UK) 8. Queer Property, Russell Perkins (Artist, USA) 9. Sentimental Value: Keeping Inheritance in the Family, Sarah Gilmartin (Lancaster University, UK) and Anita Purewal (Lancaster University, UK) Part Four: Adjudicating Inheritance/Adjudicating ‘Family’ 10. How Social Norms and Values Influence the Balance between Wills Variation Claimants and Testators, Allison A Cartier (Juris Doctor, Canada) 11. Testamentary Freedom in Debate: The Prerequisite of the Notary to Pass Down and to Inherit, Corinne Delmas (Université Gustave Eiffel, France) 12. Children in Need and the Great Intergenerational Wealth Transfer: Squaring the Impossible Circle of Testamentary Freedom, Family Obligations and the Role of the State, Heather Conway (Queen’s University Belfast, UK) and Sheena Grattan (TEP, UK) Part Five: Looking Backwards into the Future 13. The Power of Blood: How Succession Law’s Reliance on DNA Reinvigorates White Supremacy and the Politics of Biological Privilege, Danaya C Wright (University of Florida, USA) 14. Women, Property and Agency: Contours of Matrilineal Inheritance among the Nayars in Kerala, India, Lekha N B (Sree Narayana College, India) and Antony Palackal (University of Kerala, India) 15. Egalitarianism or Just a Need for Revenues? Debates on Inheritance Taxation in Scandinavia, Martin Dackling (Lund University, Sweden) 16. Émile Durkheim’s Proposal to Abolish Inheritance, Mélanie Plouviez (Côte d’Azur University, France)

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Book Synopsis

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