Law: equity and trusts, foundations Books

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 SynopsisThe Principles of Equity & Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fifth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles of trusts and their equitable remedies.Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with the subject area, and excel in their studies.Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, this is the ideal companion to a course in trusts.Digital formats and resourcesThe fifth edition is available for students and institutions to purchaseTrade ReviewAn invaluable resource for students seeking to develop a comprehensive understanding of the law and principles underpinning it, Virgo makes difficult material accessible without sacrificing nuance. * Luke Williams, Lecturer, BPP Law School *In my view the most useful textbook available in this subject in the UK; a great mix of clear explanation of basic concepts with really first-rate analysis of more complex questions. * Professor Hilary Biehler, Professor of Public Law, Trinity College Dublin (previous edition) *Table of ContentsPart I: Equity 1:: An introduction to equity 2:: The characteristics of equity 3:: An introduction to the trust Part II: The Express Trust 4:: The requirements of an express trust 5:: Formalities Part III: Trusts for Purposes 6:: Charitable trusts 7:: Non-charitable purpose trusts Part IV: Implied Trusts 8:: Resulting trusts 9:: Constructive trusts 10:: Informal arrangements relating to property Part V: Beneficiaries 11:: Beneficiaries Part VI: Trustees and Their Representatives 12:: Trustees 13:: The administration of trusts 14:: Dispositive powers and duties 15:: Fiduciary duties Part VII: Variation of Trusts 16:: The variation of trusts Part VIII: Breach of Trust and Fiduciary Duty 17:: Liability for breach of trust and fiduciary duty 18:: Personal claims and remedies 19:: Proprietary claims and remedies 20:: Personal liability of third parties

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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 SynopsisEquity and Trusts Concentrate is written and designed to help you succeed. Accurate and reliable, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your potential.Trade ReviewReview from previous edition It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique * Godwin Tan, law student, University College London *The exam style questions are brilliant and the series is very detailed, prepares you well * Frances Easton, law student, University of Birmingham *The accompanying website for Concentrate is the most impressive I've come across * Alice Munnelly, law student, King's College London *

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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 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 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 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 highly acclaimed textbook combines the principles of the law of trusts with an explanation of the various and more complicated parts of the law. Renowned for its clarity, this new edition of Riddall: The Law of Trusts presents a full account of all major developments since the last edition, notably the Trustee Delegation Act 1999 and Trustee Act 2000. The impact of the Trustee Act 2000 is reflected in the changes to many chapters, in particular to those thatdeal with investment, the duties of trustees, trustees' remuneration, and the power to appoint agents.Trade ReviewReview from previous edition "...clear, concise and readable..as good a basic guide to the various guises of trust and power as is available in any student work." * Journal of the Society of Public Teachers of Law *"Experienced professional advisers as well as students will find it useful to have this work in the book-case." * Trusts and Estates *Table of ContentsINDEX

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Book SynopsisSnell's Equity provides in-depth commentary and analysis of the law of equity and offers interpretation of how the different rules can be applied to property (trusts, assets, securities). It is the most comprehensive book on this subject and is frequently cited in court.

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Book SynopsisFocused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK  The best value and best format books on the market.' - Ed Bates, Southampton University, UK   Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offers a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use.  Routledge Student Statutes are:     Exam Friendly: un-annotated and conforming to exam regulations    Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation    Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have Table of ContentsContents Preface vii Guide to the Companion Website viii Prescription Act 1832 1–3 Wills Act 1837 3–10 Common Law Procedure Act 1852 10–11 Wills (Soldiers and Sailors) Act 1918 11–12 Law of Property Act 1922 12–14 Settled Land Act 1925 14–36 Trustee Act 1925 36–62 Law of Property Act 1925 62–153 Land Registration Act 1925 154–174 Administration of Estates Act 1925 175–199 Law of Property (Amendment) Act 1926 199–200 Landlord and Tenant Act 1927 200–202 Law of Property (Entailed Interests) Act 1932 203 Leasehold Property (Repairs) Act 1938 203–204 Intestates’ Estates Act 1952 204–207 Landlord and Tenant Act 1954 Charitable Trusts (Validation) Act 1954 207–209 Recreational Charities Act 1958 209–210 Variation of Trusts Act 1958 210–211 Rights of Light Act 1959 211–214 Perpetuities and Accumulations Act 1964 214–219 Law of Property (Joint Tenants) Act 1964 220 Wills Act 1968 220–221 Law of Property Act 1969 221–223 Administration of Justice Act 1970 223–224 Matrimonial Proceedings and Property Act 1970 224 Powers of Attorney Act 1971 225–226 Defective Premises Act 1972 Land Charges Act 1972 226–237 Administration of Justice Act 1973 237–238 Consumer Credit Act 1974 238–244 Inheritance (Provision for Family and Dependants) Act 1975 244–263 Local Land Charges Act 1975 263–265 Rentcharges Act 1977 265–267 Protection from Eviction Act 1977 267–271 Criminal Law Act 1977 271–275 Charging Orders Act 1979 275–278 Limitation Act 1980 278–290 Highways Act 1980 291–292 Senior Courts Act 1981 293–297 Forfeiture Act 1982 297–299 Administration of Justice Act 1982 299–300 County Courts Act 1984

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Book SynopsisSuccession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person''s estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator''s capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentialTable of Contents1. History 2. Will Substitutes 3. Nature and Characteristics of a Will 4. Capacity to Make a Will 5. Formalities for the Execution of Wills 6. Special Wills 7. Revocation of Wills 8. Alteration, Republication and Revival 9. Intestate Succession 10. The Classification and Failure of Gifts 11. Construction of Wills 12. Personal Representatives 13. Administration of Estates 14. Tax and Tax Planning 15. Family Provision 16.Problem Solving and Contentious Issues

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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 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 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 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 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 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 SynopsisRichard Edwards, LLB, LLM, was a Principal Lecturer in Law at APU (now Anglia Ruskin University). Nigel Stockwell, BA, LLB Barrister, is a Visiting Fellow, formerly Senior Lecturer, at Anglia Ruskin University.  Table of ContentsPreface Publisher's acknowledgements Table of cases Table of statutes and statutory instruments Chapter 1 Growth of equity and the evolution of the trust Chapter 2 The maxims of equity Chapter 3 Trusts today Chapter 4 The requirements of an express trust Chapter 5 Powers and discretionary trusts Chapter 6 Setting trusts aside Chapter 7 Unlawful trusts Chapter 8 Variation of trusts Chapter 9 Purpose trusts Chapter 10 Charitable trusts Chapter 11 Resulting trusts Chapter 12 Constructive trusts Chapter 13 Shared homes Chapter 14 The office of trustee: appointment, retirement and removal Chapter 15 Trustees’ powers Chapter 16 Trustees’ duties Chapter 17 Remedies for breach of trust Chapter 18 The equitable doctrines Chapter 19 Equitable remedies Glossary Index

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Book SynopsisSukhninder Panesar is Head of Law at the University of Wolverhampton, with over 20 years of teaching experience.          Table of ContentsPreface Table of cases Table of statutes Part I Introduction to equity and trusts 1 Introduction to equity 2 The trust concept 3 The trust distinguished from other legal concepts Part II Creating the trust relationship 4 The three certainties 5 Formalities 6 Constitution of trusts 7 Secret trusts and mutual wills 8 The beneficiary principle 9 Illegality and public policy Part III Trusts implied by law 10 Resulting trusts, part I: Nature of resulting trusts 11 Resulting trusts, part II: Imposing resulting trusts 12 Constructive trusts, part I: Nature of constructive trusts 13 Constructive trusts, part II: Imposing constructive trusts 14 Constructive trusts, part III: Imposing constructive trusts – intermeddling with trust property Part IV The administration of trusts 15 Introduction to trusteeship appointment, removal and retirement 16 Investment of trust funds 17 Fiduciary nature of trusteeship 18 Powers of trustees 19 Variation of trusts Part V Breach of trust and remedies 20 Breach of trust and personal remedies 21 Tracing and a proprietary claim Part VI Charities and charitable trusts 22 Charities and charitable trusts 23 The cy-près doctrine Index

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Book SynopsisBarCharts, Inc was founded on our law guides created by the owner, designed to understand the significance of details within the larger scheme of the law, as a daily refresher, and to review before the Bar Exam. Twenty five years later we keep those guides up to date for students, paralegals and practicing lawyers to have the most handy legal reference to the most important points of the law possible in 6 laminated pages. 6-page laminate guide includes: Freedom & Power To Transfer Property At Death Execution Of Valid Will Scope Of Will Construction Of Will Revocation Of Will Contracts Concerning Wills Disposition Of Decedent's Property Probate Intestacy Advancement Transfer To Minor Will Substitutes Bars To Succession Trusts Terms

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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 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 SynopsisThis book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has ‘fused’ with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.Table of ContentsPreface List of Contributors Table of Cases Table of Legislation PART I EQUITY AND EQUITIES 1. The Persistence of Equity: Lessons from the Trust Ben McFarlane 2. Equity’s Gloss on Authority Jessica Hudson 3. Section 25(6) of the Judicature Act 1873: A ‘Procedural’ Approach C.H. Tham 4. Equity and the Land Registration Act 2002: Form, Conscience, and the Judiciary Aruna Nair PART II MAXIMS AND DOCTRINES 5. The Mischief of Maxims William Swadling PART III EQUITABLE PROTECTION 6. Loose Ends in Accounting for Profits Lord Briggs of Westbourne 7. Judicature and Accounts Matthew Conaglen PART IV EQUITABLE REMEDIES 8. Equitable Damages The Honourable Justice Edelman 9. The Basic Structure of Rescission Steven Elliott KC 10. When are Negotiating Damages Available? John MCGhee KC 11. Specific Performance and the Reflective Loss Rule Janet O’Sullivan 12. Freezing Orders: Casting Off the Shackles of The Siskina? Paul S Davies PART V TRUSTS 13. Bankruptcy Protection for Trusts before the Judicature Acts David Fox PART VI ADMINISTRATION OF ASSETS 14. Wasting Away: Devastavit and the Judicature Act 1873 Simon Douglas PART VII SECURITIES 15. Equity in Codified Secured Transactions Law Magda Raczynska PART VIII INTERNATIONAL PERSPECTIVES 16. equity is not Equity Alexandra Popovici and Lionel Smith 17. Equitable Meta-Law: The Spectrum of Property Henry E Smith 18. Certainty of Loss of Chance in Equity Simone Degeling 19. Dishonesty and Unconscionability in Contractual Performance – A Role for Equity? The Honourable Madam Justice Mary V Newbury 20. Equity in Commerce: Too Much and Too Little? Man Yip Index

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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 SynopsisThis up-to-date, thorough, and authoritative guide clearly explains all of the complexities of planning and administering an estate. From wills, trusts, and powers of attorney to health-care directives and probate, everything you need to know is presented in an accessible, friendly style. This indispensable tool provides readers with:• A step-by-step planning process• In-depth coverage of Federal tax issues• Helpful checklists• Real-life examples• An extensive glossary of terms• Sample forms and documentsHow to Plan and Settle Estates is an invaluable resource for protecting loved ones, saving time and money, and reducing stress for anyone setting up or handling an estate.Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.

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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 SynopsisWritten by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you: Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death. In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.Table of ContentsTABLE OF CONTENTSAcknowledgments ixAbout the Authors xiCHAPTER 1Introduction of Planning for Special Needs with Trusts 1I. Demographics 1A. The Costs of Long-Term Care 3B. Why Plan to Become Eligible for Public Benefits? 3II. History of Trust Planning 4A. Early Trust Practice (No Holds Barred) 4B. MQT 6C. OBRA ’93 8D. Medicaid Trusts 11III. Distinctions between Self-Settled and Third-Party Trusts 11A. When Can a Self-Settled Trust Actually Bea Third-Party Trust? 12IV. Examples of Various Public Benefits Programs 13V. SNT Requirements Summary 15VI. Vocabulary 15CHAPTER 2Ethical Issues and Fiduciary Representation 17I. Introduction 17II. Who Is the Client? 17A. First-Party Trusts: Is the Question, “Who Is the Client?”More Complicated? 19B. Third-Party SNTs: Is the Question, “Who Is the Client?”Easier to Answer? 21III. When an Attorney Represents the Trustee:The Ethical Issues 22IV. When the Attorney Is the Trustee (or Other Fiduciary) 27V. Does the Attorney for the Trustee Have Any Dutyor Liability to the Trust Beneficiary? 28VI. Ability to Share Information with Nonclient Beneficiary 32A. What about Privileged Information? Is That Protectedfrom Disclosure? 34VII. Always an Attorney Must Be Competent 36VIII. Conclusion 37CHAPTER 3Public Benefits 39I. Introduction 39II. Various Programs 39A. Supplemental Security Income 39B. SSDI 50III. Childhood Disability Benefits: Transitioning from SSI to SSDI 60A. Description of Programs 61B. Eligibility Requirements 62C. Proving Disability 62D. Medicare 64E. Medicaid 65F. Tips and Tricks 66IV. Federal Housing Programs under the U.S. Department of Housing and Urban Development 67A. Description of Programs 67B. Eligibility Rules 68C. Tips and Tricks 72CHAPTER 4First-Party Special Needs Trusts 77I. Introduction 77II. The Statutes and More 78III. The Program Operations Manual System 81IV. The State’s Medicaid Program 81V. The State’s Trust Code 81VI. Commentary 82VII. The Trust Is Irrevocable 84VIII. Sole Benefit 85IX. Source of Funds 86X. Distribution Standard 88XI. What Are “Special Needs”? 89XII. Some Specific Trust Provisions 89XIII. Submitting the SNT to the SSA for Approval 91XIV. Who Should Be the Trustee? 91XV. Case Law 92XVI. Creation 93XVII. Payback Requirements 95XVIII. Administrative Matters 96XIX. Spousal and Child Support 97CHAPTER 5Third-Party Special Needs Trusts 99I. Introduction 99II. What Is a Discretionary Trust? 100III. Distinctions of a Third-Party SNT from the First-Party SNT 104A. Why a Third-Party SNT? 104B. Who Is a Third Party? 109 vi Table of ContentsIV. Uniform Trust Code 110V. Inter Vivos or Testamentary? 114VI. Distribution Standard 116VII. Modification 124VIII. What the Courts Have to Say 126CHAPTER 6Modification, Reformation, Decanting, and Directed Trusts 131I. Introduction 131II. Modification 131A. Guidance from the Program Operations Manual System 134B. Modification: Applicability to Special Needs Trusts 134III. Reformation 142IV. Decanting 144A. Uniform Trust Decanting Act 145B. State Example: Florida’s Decanting Statute 147C. Decanting Cases 148V. Directed Trusts 152A. Case Law on Trust Directors 154CHAPTER 7Special Needs Trust Alternatives 157I. No SNT or Trust at All 157II. Achieving a Better Life Experience Accounts 158III. Qualified Disability Trusts 162A. Elements 164B. Taxation of Distributions 165C. Analysis 166IV. Sole Benefit Trusts 167A. Elements 168B. Analysis 169V. Settlement Protection/Preservation Trusts 171VI. Health Insurance under the Affordable Care Act 172 Table of Contents viiAPPENDICESAppendix A Self-Created Special Needs Trust 177Appendix B Third-Party Inter Vivos Trust 193Appendix C Checklist for First-Party Special Needs Trust Considerations for Interview and Drafting 209Appendix D Client Interview Questionnaire 213Appendix E Social Security Administration Notice Letter for Self-Settled Trust with Payback Language Based on SSA Step-Action from the Program Operations Manual System 221Appendix F Social Security Administration Letter for Third-Party Special Needs Trust, No Payback 229Appendix G Social Security Administration Step-Action from the Program Operations Manual System: SI 01120.203 Exceptions to Counting Trusts Established on or after January 1, 2000 233Appendix H Third-Party Special Needs Trust Information Schedule 237Appendix I Caregiver Letter 245Appendix J Trustee Letter 251Appendix K Choosing a Trustee Letter 265Appendix L Special Needs Alliance Trustees Handbook 273Appendix M Trust Distribution Standards (a Sampler) 291Appendix N ABLE Account, Special Needs, and Pooled Trust Comparison Chart 293Appendix O Transmittal 64 309Index 349

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Book SynopsisThis text, first published by STEP in 2007 and now in its third edition, reviews the difficulties that arise on the transfer of trusteeships, particularly in respect of the negotiation of indemnities, and sets out a suggested approach. It contains: * a core section dealing with trusts governed by English law; * jurisdictional chapters, which explain the differences under local law for trusts governed by the laws of The Bahamas, Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Hong Kong, the Isle of Man, Jersey, New Zealand and Singapore; * precedent deeds of change of trustee for each of those jurisdictions; * a detailed drafting commentary; * a U.S. commentary which outlines general principles involved in the transfer of trusteeships of U.S. trusts and general tendencies among states, with a particular focus on the trusteeship laws of the State of New York; and * a table of references listing the statutes and cases, for ease of reference. The text is an essential reference work for any legal practitioners, trust company professionals and others involved in advising on the transfer of trusteeships.Trade ReviewEach chapter is tersely written, to get to the nub of the issues and the book includes chapters devoted to practice in various non-Australian jurisdictions including England... -- D W Marks QC * Queensland Law Reporter *In my view, ‘A Practical Guide to the Transfer of Trusteeships’ is the most relevant and, therefore, important work in the whole area of trusts and trusteeships. -- Edward Buckland * LGL Trustees, Trusts & Trustees *Table of ContentsForeword to the 1st edition 7 The Honourable Mr Justice David Hayton Table of legislation 9 Cases 13 STEP 15 1. Introduction 17 Richard Williams Queensland Bar 2. English law trusts 21 2.1 Statutory and express powers of retirement, removal and appointment 21 2.2 Trustees’ lien 29 Nicholas Le Poidevin QC New Square Chambers 2.3 Indemnities 35 Arabella Murphy Maurice Turnor Gardner LLP 2.4 Inspection and transfer of trust documents 43 Toby Graham Farrer & Co Richard Williams Queensland Bar 2.5 Contentious cases 51 Toby Graham Farrer & Co 2.6 Trustee indemnity insurance 55 Toby Graham Farrer & Co 3. Bahamian law trusts 61 Theo Burrows Higgs & Johnson 4. Bermuda law trusts 71 Craig MacIntyre Alec Anderson Conyers Dill & Pearman 5. British Virgin Islands law trusts 79 Christopher McKenzie O’Neal Webster (UK) LLP 6. Cayman Islands law trusts 87 Tony Pursall Mourant Ozannes 7. Guernsey law trusts 97 Alison MacKrill Appleby (Guernsey) LLP 8. Hong Kong law trusts 107 Richard Norridge Joanna Caen Herbert Smith Freehills 9. Isle of Man law trusts 123 John Rimmer Advocate John Rimmer 10. Jersey law trusts 127 Steve Meiklejohn Ogier 11. New Zealand law trusts 137 John Hart Barrister and Notary 12. Singapore law trusts 149 Yee Hoong Chua Withers KhattarWong 13. United States trusts 159 G Warren Whitaker, Day Pitney LLP 14. Commentary on the model precedents 171 Richard Williams Queensland Bar Charles Pitter Kleinwort Hambros Helen Ratcliffe Judith Morris Bircham Dyson Bell LLP 14.1 Format of the precedents and general comment 171 14.2 Overall approach to indemnities 174 14.3 Use of the precedents 175 14.4 Drafting comments on the precedents 176 14.5 Adapting the offshore precedents to suit other cases 195 Appendices 197 Precedents for the transfer of trusteeships Appendix A 197 English law precedents Helen Ratcliffe Bircham Dyson Bell LLP Appendix B 243 Bahamian law precedents Theo Burrows Higgs & Johnson Appendix C 255 Bermuda law precedents Craig MacIntyre Alec Anderson Conyers Dill & Pearman Appendix D 281 British Virgin Islands law precedents Christopher McKenzie O’Neal Webster (UK) LLP Appendix E 293 Cayman Islands law precedents Tony Pursall Mourant Ozannes Appendix F 319 Guernsey law precedents Alison MacKrill Appleby (Guernsey) LLP Appendix G 345 Hong Kong law precedents Richard Norridge Joanna Caen Herbert Smith Freehills Appendix H 357 Isle of Man law precedents John Rimmer Advocate John Rimmer Appendix I 383 Jersey law precedents Steve Meiklejohn Ogier Appendix J 403 New Zealand precedents John Hart Barrister and Notary Appendix K 429 Singapore law precedents Yee Hoong Chua Withers KhattarWong About the authors 441

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Book SynopsisTrust disputes can be tremendously costly, in terms of legal fees, hiring experts and lost opportunity costs, as well as the costs attendant with the often emotionally charged atmosphere that can pit family members against one another. Despite the high toll, trust litigation continues to increase around the world – both in the number of matters being initiated and the amounts in controversy – as trust instruments become increasingly important vehicles in the management and transfer of wealth of various sizes. Preventing a fire is substantially less costly than fighting one. Identifying and appreciating the potential causes of trust disputes puts settlors, trust officials and beneficiaries in the best position to prevent a dispute from developing or accelerating. This Special Report examines the causes of trust disputes and explores the steps that settlors, trustees, beneficiaries and others can take during each stage of a trust’s lifecycle – design, execution, administration and termination – to reduce the risk of sparking a dispute. Supported by real world experience and input from leading international trust practitioners, including estate planners, general counsel and experienced trust litigators, this Special Report delves into key concepts such as: thoughtful design of a trust’s governance; incorporating flexibility and adaptability into a trust structure; the need for constructive communication and engagement between fiduciaries and beneficiaries; practices and procedures trust officials should consider implementing in trust administration; and how trustees and beneficiaries can avoid adding fuel to the fire once a dispute arises. The authors also examine the benefits of involving different perspectives, including those of experienced trust litigators, at various stages of the trust’s lifecycle, and offer practitioner insight into the measures and approaches both fiduciaries and beneficiaries should consider taking when a dispute first presents itself. Filled with real-world practitioner guidance, perspective and insight on issues of critical importance to fiduciaries, trust officials and beneficiaries alike, this Special Report is essential reading.Trade ReviewThe beauty of this special report is that it contains real-world practitioner guidance, perspective, and insight on issues of critical importance to fiduciaries, trust officials and beneficiaries alike. -- Elizabeth Robson Taylor and Philip Taylor MBETable of ContentsAcknowledgements 7 I. Introduction 9 1. Trends in trust disputes 10 1.1 Deep fakes and the metaverse 10 1.2 Family office conflicts 10 1.3 Compliance-driven conflict, litigation and court activity 11 2. Common causes of trust disputes 12 2.1 Poor drafting 12 2.2 Communication failures 14 2.3 Lack of education 15 2.4 Disenfranchisement 16 2.5 Appointment of the wrong trust officials 16 2.6 Diminished capacity (including undue influence) 19 2.7 Challenges of recollection 22 3. Our approach 22 II. Trust dispute avoidance through design 23 1. Managing the settlor’s expectations 23 2. Good drafting 24 3. Creating the appropriate governance structure 27 3.1 Checks and balances 27 3.2 Selecting the right person for each role 30 3.3 Beneficiary committees 36 3.4 Qualifications 36 3.5 Fiduciary versus non-fiduciary capacity 39 3.6 Term limits 39 3.7 Age limits 40 3.8 Designing the right process for succession (appointment and removal) 41 3.9 Compensation 41 3.10 Sharing information 44 3.11 Avoiding co-trustee dysfunction 44 4. Communicating with the beneficiaries (or not): the duty to inform and the use of quiet trusts 47 5. Incorporating flexibility and adaptability into the trust 50 5.1 Power to add and remove beneficiaries 51 5.2 Variation or modification 53 5.3 Decanting 53 5.4 Changing situs 54 5.5 Changing governing law 54 5.6 Termination 55 6. Selecting appropriate liability and evidentiary standards 55 7. Using no-contest or forfeiture provisions to discourage disputes 56 8. Incorporating processes for non-judicial dispute resolution 57 9. Getting the litigator’s perspective during the drafting process 59 10. ‘Failure mode and effects analysis’: early detection of potential issues and warning signs 66 III. Minimising trust disputes through thoughtful execution 69 1. Family dynamics redux 69 2. Witnesses 70 3. Presence of individuals other than the settlor and witnesses 72 4. Self-imposed formalities 72 5. Lifetime approval of trusts 73 IV. Administration: deploying best practice and procedures 75 1. Follow the terms of the trust 76 2. Engage proactively 76 3. Communicate with the beneficiaries 77 3.1 Ongoing due diligence 77 3.2 Proactive trust accounting 79 4. Maintain good records 80 4.1 Retention practices and policies – the ‘hit by a bus’ scenario 80 4.2 Trustees and other trust officials 80 4.3 Distributions 81 4.4 Investments 82 4.5 Conflict transactions 83 4.6 Compensation 83 4.7 Taxes 84 5. Evaluate the trust and administration regularly 84 5.1 What has changed? 85 5.2 Would a change of situs be better for the trust? 86 5.3 Is modification (variation) or decanting warranted? 87 5.4 Should the trust be divided into separate trusts? 87 5.5 Are the right people (still) in the right roles? 89 5.6 Is your reliance on outside guidance (still) reasonable? 89 5.7 Are the trust officials working together effectively? 91 6. Evaluate the trust and administration when an issue arises (or maybe not) 92 7. Utilise experienced litigators outside of litigation 92 7.1 The devil’s advocate: having a litigator review proposed changes 95 V. Reducing the risk of disputes at termination 97 1. Releases, judicial accountings and indemnification 98 2. Providing information 102 3. Termination fees 104 4. Transferring assets 104 VI. Managing trust disputes 107 1. Avoid exacerbating the problem 107 2. Maintain open lines of communication 110 3. Taking a thoughtful position 111 4. Preserving lawyer–client privilege 115 5. Litigation management 116 6. Advice for beneficiaries when a dispute arises 118 VII. Conclusion 121 Notes 122 About the authors 129 About Globe Law and Business 131

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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 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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