Law: equity and trusts, foundations Books

Book SynopsisSuzan Herskowitz is a graduate of Texas Tech University School of Law. Ms. Herskowitz has been practicing law since 1986 and is licensed in Virginia, West Virginia, Florida, and Texas. In addition to being a sole practitioner with an emphasis on wills, trusts, estate planning, elder law, real estate, and business planning, Ms. Herskowitz has utilized her law school education in numerous and diverse ways. She has been a law librarian at Nova Southeastern University School of Law in Fort Lauderdale, Florida, a professor at Keiser College (now Keiser University), and an editor for a publisher of legal books. Ms. Herskowitz has authored a number of legal books. Wills, Trusts and Estate Administration and Legal Research Made Easy, 4th Edition (Sourcebooks). The 2nd edition of Legal Research Made Easy was recommended by Library Journal and highly recommended by the National Association of Legal Assistants' Facts and FindTable of Contents Purpose and Need for a Will Property Testate or Intestate The Will Will Preparation and Drafting Advance Directives Planning for Non-Traditional Families Trusts: Elements and Purpose Specialized Trusts and Gifts The Personal Representative Estate Administration Tax Considerations in Estate Administration The Probate Court and Uniform Laws Paralegals and Ethics AppendicesA. Important Cases Concerning the Right to Die B. Selected Wills of Famous PeopleC. Internet Websites Appendix D Glossary

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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 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 SynopsisComplete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law.The Complete titles are ambitious in their scope; they''ve been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding.This book is accompanied by free online resources, which feature resources for students and lecturers including the following:- Guidence for answering end-of-chapter questions in the book- Self-test question with instant feedback- A flashcard glossary of key terms- Updates oTrade ReviewReview from previous edition A clearly laid out, user-friendly and well written textbook that brings together explanation and commentary with case extracts, providing a useable and intelligent approach to the subject that students find helpful. * Adam Gearey, Professor of Law, Birkbeck, University of London *The concepts, issues, and cases are explained clearly. The authors explain the law on trusts simply, whilst still retaining the detail and complexity of the subject. * Katharine Davies, Senior Lecturer in Law, Northumbria University *Table of Contents1: The birth of equity and trusts 2: The different types of trust 3: Trusts and powers and the three certainties 4: The formality requirements and incompletely constituted trusts 5: Proprietary estoppel 6: The disposal of property on death 7: Resulting trusts 8: Unincorporated associations and the beneficiary principle 9: Charitable trusts 10: The duties of trustees: with special reference to investment 11: Maintenance and advancement and protective trusts 12: The appointment of trustees 13: Variation of trust 14: Breach of trust 15: Constructive trusts and fiduciary duty 16: Tracing 17: Trusts of the family home 18: Equitable remedies

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Book SynopsisPearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and contextualized account of the law of equity and trusts.Table of ContentsPart I The Importance of Equity 1: What is equity? 2: Equitable obligations 3: Equity and the management of property 4: Equitable remedies in modern English law Part II Creating the Relationship 5: Certainty 6: Constitution of trusts 7: Formalities 8: Policy limits Part III Resulting and Constructive Trusts 9: Resulting trusts 10: Constructive trusts Part IV Equity in Action: The Family Home 11: The family home in context 12: Determining interests in the family home through trusts 13: The evolution of rights in the family home 14: Proprietary estoppel 15: Family homes: Postscript Part V Equity in Society 16: Clubs and societies 17: Wills and intestate succession 18: Secret trusts Part VI Charitable Trusts 19: The role and status of charities 20: Charitable purposes 21: Public benefit 22: Cy-près: redistributing funds and changing purposes 23: Control and regulation of charitable trusts Part VII Allocation of Benefit 24: Choosing who benefits 25: Fixed trusts 26: Powers of appointment 27: Discretionary trusts 28: Powers of maintenance and advancement 29: Variation of beneficial interests Part VIII Managing Trust Property 30: Management and delegation 31: Investment 32: Appointing and changing trustees Part IX Controlling Trustees and Fiduciaries 33: Need for control 34: Remedies against the trustee for breach of trust 35: Fiduciary duties of trustees and other fiduciaries 36: Limitation of action Part X Recovering Trust Property 37: Remedies against strangers to the trust 38: Tracing

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Book SynopsisA considered balance of depth, detail, context, and critique, Equity & Trusts Law Directions offers the most student-friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence. Gain a complete understanding of the topic: we won''t overload or leave your students short, just the right amount of detail conveyed clearly Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear Identify when and how to evaluate the law critically: we''ll introduce the key areas of debate and give your students the confidence to question the law Direct and consolidate their knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, the authors provide diTrade ReviewReview from previous edition An excellent text as an introduction to this subject. Accessible, authoritative and in a readable style. Without equal in the marketplace * Benjamin Jones, University Of South Wales *It is excellent. Clear, well-spaced, and the use of colour is helpful and writing style is engaging. There is plenty to stimulate interest and reflection. * Pamela Henderson, Nottingham Trent University *Table of Contents1: Introduction to equity and trusts 2: Understanding trusts 3: Capacity and formality requirements 4: Certainty requirements 5: The constitution of trusts 6: Public policy limitations on the formation of trusts 7: Purpose trusts 8: Charitable trusts 9: Variation of trusts 10: Trustee appointments 11: The nature of trusteeship 12: Trustees' duties 13: Maintenance and advancement 14: Investment 15: Breach of trust: defences and relief 16: Resulting and constructive trusts 17: Informal trusts of land 18: Tracing 19: The equitable liability of strangers to the trust 20: Equity: doctrines and remedies

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Book SynopsisThis work counters the common perception that equity and trusts is a static area of law. The essays, written by leading academics and well established practitioners of the field, demonstrate both that the area is vibrant with new legislation and case law and show the value of reconsidering familiar topics in the light of new developments. The scope of the book is wide ranging, covering equity, trusts and property and is divided into two main sections: the law of real property, and the law of equity and trusts. In Part One, a variety of topics surrounding the law of real property are discussed: from unconscionability, and the protection of third party interests, to property, marriage and ownership, and the impact of equality law on landlord and tenant regulations. Part Two focuses on the regulation of trusts and trustees and the impact of new legislation on charities such as hospitals and schools.Table of ContentsPART ONE - THE LAW OF REAL PROPERTY; PART TWO - EQUITY AND THE LAW OF TRUSTS

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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 haveTable 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 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 SynopsisJohn Duddington was Head of the Law School at Worcester College of Technology before retiring to focus on writing and research. He also teaches property law at the University of Worcester.Table of ContentsAcknowledgements Introduction Guided tour Table of cases Chapter 1: Nature of equity and trusts Chapter 2: Equitable remedies and doctrine Chapter 3: The three certainties Chapter 4: Formalities Chapter 5: Constitution Chapter 6: Secret and half-secret trusts Chapter 7: Resulting trusts Chapter 8: Constructive trusts and estoppel Chapter 9: Charitable trusts Chapter 10: Non-charitable purpose trusts Chapter 11: Trusteeship and variation of trusts Chapter 12: Breach of trust Glossary of terms 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 SynopsisThis volume contains the main statutory provisions relating to both heritable and moveable property, trusts and succession, including all the important provisions regulating post-feudal land law in Scotland.

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Book SynopsisThis collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court’s role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.Trade ReviewEquity, Trusts and Commerce offers something for everyone, students, practitioners, and academics. While students may read the essays to deepen the understanding of the interaction of equity and commercial law, practitioners will certainly appreciate the theoretical discussions of case law and the several practical implications ... This work definitely enriches Hart’s series in Private Law, and is a must have in every common law lawyer’s (but not only) shelf. -- Piergiuseppe Pusceddu * Trusts & Trustees *Table of Contents1. Equity, Shareholders and Company Law Tan Cheng-Han and Wee Meng-Seng 2. Some Aspects of the Intersection of the Law of Agency with the Law of Trusts Peter Watts 3. Equity in the Marketplace: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds Tang Hang Wu 4. Certainty, Identification and Intention in Personal Property Law Michael Bridge 5. Floating Trusts Robert Stevens 6. ‘Sort of’ Backwards Tracing James Penner 7. Invoking the Administrative Jurisdiction: The Enforcement of Modern Trust Structures Richard Nolan 8. Trusts, Objectivity and Rectification Simon Douglas 9. The Arbitrability of Trust Instruments: Why Not? Elaine Chew 10. Bribery Paul S Davies 11. Accessory Disloyalty: Comparative Perspectives on Substantial Assistance to Fiduciary Breach Deborah A DeMott 12. Equitable Liability of Corporate Accessories Jamie Glister 13. The Nature of ‘Knowing Receipt’ William Swadling 14. Exposing Third-Party Liability in Equity: Lessons from the Limitation Rules Sarah Worthington

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Book SynopsisThis book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.Table of Contents1. Foundation and Principles I. Introduction II. Saisie III. Statutory Family Trusts IV. Protective Trusts of Movables V. Religious Trusts in Connection with the Holding of Churches VI. Other Charities VII. Statutory Schemes for the Holding of Churches and Schools VIII. Use of Trusts in Wills and Other Documents IX. Growing Use and Statutory Recognition of Trusts in the Twentieth Century X. Recognition of Trusts by the Guernsey Court XI. Proposals for the Trusts Law 1989 XII. Overview of the Trusts Law 2007 XIII. Application of Trusts Laws and Amendments XIV. The Role of Authorities and Precedent in Guernsey 2. Express Trusts I. Article 29 of the Succession Law 1840 II. Trusts under the Succession Law 1890 III. Trusts of Land in Saisie IV. Express Private Trusts of Land V. Charitable Trusts VI. Purpose Trusts VII. Employee Benefit Trusts VIII. Unit Trusts 3. Trusts Arising by Operation of Law I. Introduction II. Constructive Trusts of Personalty III. Liability as a Constructive Trustee IV. Constructive Trusts of Land V. Conclusions 4. Taxation I. The Code of Practice II. Guernsey Tax Liabilities III. Liability to Non-Guernsey Taxes IV. Guernsey Charities V. Employee Benefit Trusts VI. Unit Trusts 5. Creation, Validity and Termination I. Existence of a Trust II. Principles of Construction III. Settlor IV. Formalities V. Duration and Perpetuities VI. Validity and Enforceability VII. Reservation of Powers by the Settlor VIII. Termination of Trusts 6. Conflict of Laws I. Introduction II. Proper Law III. Jurisdiction of the Guernsey Court IV. Firewall Provisions 7. Trustees I. Number of Trustees II. Appointment of New or Additional Trustees III. Power to Remove Trustees IV. Vesting of Property in the New Trustees V. Disclaimer of Trusteeship VI. Resignation VII. Duties of Outgoing Trustee VIII. Appointment and Removal of Trustees by the Court IX. Trustee Remuneration X. Trustees’ Expenses XI. Trustees de Son Tort XII. Dealings with Third Parties XIII. Insolvent Trusts 8. Powers, Duties and Liabilities of Trustees I. Duties of Trustees II. Powers of Trustees III. Other Duties Applicable to the Exercise of Trustee Discretions IV. Letters of Wishes V. Liability for Breach of Trust VI. Duties of Prospective Trustees VII. Liability of Directors of Corporate Trustees 9. Beneficiaries I. Definition of ‘Beneficiary’ II. Addition and Removal of Beneficiaries III. Requirements for Beneficiaries IV. Disclaimer V. Nature of Beneficiary’s Interest VI. Assignment of a Beneficial Interest VII. Protective Trusts and Spendthrift Provisions VIII. Class Interests IX. Consent to Breach of Trust X. Power to make Beneficiaries Indemnify XI. Disclosure of Information to Beneficiaries XII. Data Protection Law XIII. Disclosure to Third Parties XIV. Disclosure by Beneficiaries 10. Protectors I. Introduction II. Powers of Protectors III. Regulation of Protectors IV. Protector not a Trustee V. Nature of Protector’s Powers VI. Appointment and Removal of Protectors VII. Protector’s Indemnity VIII. Remuneration IX. Retirement X. Court’s Jurisdiction in Relation to Protectors XI. Exoneration XII. Disclosure of Information XIII. Delivery Up of Documents XIV. Exercise of Powers XV. Liability XVI. Conflicts of Interest XVII. Prescription Period XVIII. Standing to Apply to Court XIX. Drafting Issues 11. Trust Investments I. Trustee’s Investment Duties II. Regulatory Issues III. Delegation of Investment Management IV. Power to Direct Investments 12. Introduction to Trust Litigation I. The Jurisdiction of the Royal Court II. Applications for Directions III. General Powers of the Court IV. Application to Distribute Trust Assets in the Context of Anti-money Laundering Issues V. Approval of Trustees’ Actions VI. Beddoe Applications VII. Payment of Costs in Relation to Court Proceedings VIII. Prescription and Limitation Periods IX. Breach of Trust Judgment against Trustee to be Binding on All Beneficiaries X. Alternative Dispute Resolution 13. Attacks on Trusts I. Introduction II. The Sham Doctrine III. Donner et Retenir ne Vaut IV. Variation of Trusts in Foreign Matrimonial Proceedings 14. Variation of Trusts I. Introduction II. Variation under the Express Terms of the Trust III. Variation by the Beneficiaries IV. Variation by the Court 15. Remedial Applications to Court I. Introduction II. General Principles Applicable to Rectification and Rescission III. Rectification on the Ground of Mistake IV. Rescission on the Ground of Mistake V. The Rule in Hastings-Bass 16. Regulation of Fiduciaries I. Background II. The Guernsey Financial Services Commission III. The Regulatory Regime for Professional Fiduciaries IV. Principal Offence V. Private Trust Companies VI. Types of Licences VII. Other Powers under the Fiduciaries Law 2000 VIII. Licensees’ Obligations 17. The Public Trustee I. The Office of the Public Trustee II. Trusts in Respect of which the Public Trustee May Act III. The Functions of the Public Trustee IV. Regulation V. Appointment of the Public Trustee as Trustee VI. Supplementary Powers and Provisions VII. Appeals against Decisions of the Public Trustee VIII. Confidentiality IX. Limitation of Liability X. Public Trustee to Act Alone in Most Cases XI. Delegation XII. Remuneration

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Book SynopsisThis book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.Table of Contents1. Introduction PAUL S DAVIES, SIMON DOUGLAS AND JAMES GOUDKAMP 2. Equitable Defences as Meta-Law HENRY E SMITH 3. Set-Off and the Nature of Equity ROBERT STEVENS 4. Purchase for Value Without Notice DAVID FOX 5. Beneficiaries’ Consent to Trustees’ Unauthorised Acts YING KHAI LIEW AND CHARLES MITCHELL 6. Breach of Fiduciary Duty: Consent and Prior Court Authorisation SIMONE DEGELING 7. Exemption Clauses in Trusts PHILIP SALES 8. Professional Advice MICHAEL ASHDOWN 9. Want of Causation as a Defence to Liability for Misapplication of Trust Assets PG TURNER 10. Laying the Axe to the Root of the Tree? Shielding a Co-trustee from Liability JOSHUA GETZLER 11. Marshalling Marshalling CHRISTOPHER HARE 12. Illegality in Equity PAUL S DAVIES 13. The Future of Clean Hands NICHOLAS J MCBRIDE 14. ‘Not Slavishly Nor Always’—Equity and Limitation Statutes MARK LEEMING 15. The Importance of Being Earnest: The Doctrines of Laches and Acquiescence LUSINA HO

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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 is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

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Book SynopsisThis edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book’s focus and enhances its value to the reader.Table of ContentsPreface List of Contributors Table of Cases Table of Legislation Part I: Boundaries of Property 1. A ‘bit’ Too Much? The Common Law’s Digital Dilemma, Sarah Green (Law Commission of England and Wales, UK) 2. Digital Assets as Property and the Challenges of Forced Judicial Activism, Andrew Ray (ANU College of Law, Australia), Damian Clifford (ANU College of Law, Australia) and Heather Roberts (ANU College of Law, Australia) 3. Treehold, William Swadling (University of Oxford, UK) Part II: Morality of Property 4. Against Conventionalism, Jeremy Waldron (New York University, USA) 5. Expanding the Categories of Negative Easements – Time for Change? Susan Pascoe (Middlesex University, UK) 6. ‘More in Hope than in Expectation’: The Legal Limits of Disinheriting Adult Children, Heather Conway (Queen’s University Belfast, UK) Part III: Leases and Co-Housing 7. Leases and the Nature of Co-ownership, Natalie Mrockova (University of Oxford, UK) and Luke Rostill (University of Oxford, UK) 8. Legal Structures and Restrictions on Alienation in Cohousing: A Comparative Analysis of English and French Law, Fabiana Bettini (University College London, UK) 9. Can a Consumerist Model of Law Reform Solve the Problems of Leasehold Tenure? Helen Carr (University of Southampton, UK), Caroline Hunter (University of York, UK), Carl Makin (University of York, UK) and Gwilym Owen (University of Bangor, UK) Part IV: Property and Equity 10. Proprietary Estoppel: Great Expectations and Detrimental Reliance, Lord Sales JSC (Justice, Supreme Court of the United Kingdom) 11. The Essential Similarity of Express Trusts in England, Japan and Quebec, Joyman Lee (University of Glasgow, UK) 12. Elucidating Equity in Pallant v Morgan, Joshua Teng (High Court of Malaya, Malaysia) 13. Subrogation, Marshalling, and Property, Rory Gregson (University of Cambridge, UK)

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Book SynopsisThis collection explores the boundaries of trusts law in the Asia-Pacific region.It is uncontroversial to state that the region's jurisdictions are diverse, reflecting a mix of histories, economies, politics, and legal systems. The essays in this collection illustrate how this diversity is reflected in trusts law. But this thematic and systematic exploration from a region-wide perspective also identifies patterns of commonality in those factors which limit the operation of trusts law, particularly as jurisdictions encounter domestic and international challenges. By charting both convergence and divergence, this study is pivotal in shaping and guiding the future development of trusts law in the region.

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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 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 SynopsisBeneficial ownership registers were introduced in the European Union (EU) under the 4th and 5th Anti Money Laundering Directive, with the ultimate goal of promoting increased transparency in the financial markets. Nevertheless, public access to the beneficial ownership information of companies and other legal arrangements, such as trusts, raises significant issues in relation to each individual's fundamental right to privacy, and consequently many EU member states are still struggling to strike the right balance between transparency and privacy. As a result, the implementation of beneficial ownership registers has been delayed in many EU member states and different legislative choices have been made in the various jurisdictions. Since beneficial ownership registers do not only apply to entities incorporated or administered in an EU jurisdiction, but may also extend to foreign entities with some business connection to that jurisdiction, it is essential to master these differences. This book, co-published with STEP, the world’s leading organisation for private wealth professionals, provides an in-depth analysis of the beneficial ownership registers legislation in a number of EU jurisdictions as well as in the UK, which pioneered it with the creation of its own ‘PSC Register’. It also looks at similar initiatives being experienced in some leading international financial centres as well as in the US. It includes coverage of: The functioning of beneficial ownership registers in selected EU jurisdictions; The differences between the beneficial ownership registers for companies and those for trusts, which are maintained in many EU member states; Practical comparisons on the possibility for individual beneficial owners to apply for their personal information to be withheld from public access; The ways of complaint in case such an application is not accepted; and Special cases such as the treatment of an EU company controlled by a trust or a foundation. The first to comprehensively approach this topic, this title will benefit private client advisers (lawyers, notaries, accountants) and family officers whose clients have business interests in the EU. The registration of the details of beneficial owners has become a new variable to be considered in any estate planning or asset protection exercise and more generally in any circumstance where a company or any other legal arrangement is created. It is therefore essential reading for anyone involved in any of these fields.Trade ReviewBeneficial Ownership Registers provides detailed and up-to-date information on the reporting of ‘beneficial ownership’ of companies and trusts and sets the contemporary scene both internationally and on a country-by-country basis, with reference to European Union countries, the United Kingdom and the United States. Differences among EU member states exist although they are meant to implement the same EU directive, as the book convincingly shows, and a substantial difference also stands out between the EU and the US where the Corporate Transparency Act has approached the issue of reporting beneficial ownership of companies (though not of trusts, not a mean distinction) on a functional basis, rather than as a politically biased mission to be accomplished no matter what. -- Maurizio LupoiThe concept of beneficial ownership has become increasingly relevant in the context of numerous measures to increase transparency and disclosure, in particular by way of publicly accessible registers, such that it now extends significantly beyond its original application to anti-money laundering and ‘know your client’ compliance requirements. It is therefore important that there is a renewed focus on the legal meaning of the term so as to ensure its correct legal interpretation and application in practice. This compendium of multi-jurisdictional legal analyses is a welcome contribution to that renewed focus. -- Andrew KnightThis new book is the first to offer a comprehensive review of the rules relating to the reporting of beneficial ownership of companies and trusts in fifteen different EU jurisdictions, as well as in the UK, the Crown Dependencies, the USA and Liechtenstein. It also emphasises the variation of treatment relating to public access to information on beneficial ownership of companies and, importantly, of trusts. The reader can only echo Paolo Panico’s comment that an EU regulation harmonising some of the varied national requirements would be a welcome development. But until that happens this book will be an essential source of reference for any practitioner advising on international corporate and trust structures. -- Richard Pease TEPThis volume is a valuable new addition to the Globe Law and STEP stable of co-publications. The topic of beneficial ownership has been much in the public eye in recent years, prompted partly by an international drive to create greater corporate disclosure to counter money-laundering and terrorist finance, and partly by a series of exposés in the form of the Panama, Paradise and Pandora papers. Now family office advisers, law firms and accountancy practices have at their fingertips an up-to-date digest and commentary on the state of affairs prevailing in some of the world’s key jurisdictions. Consulting editor Paolo Panico has assembled a team of experts to appraise the measures taken by the authorities in 18 different countries and three British Crown dependencies. The reader’s understanding is greatly assisted by introductory chapters which explain the history of government and supra-national [in the form of the EU] interventions, as various initiatives have evolved and with them new legislative frameworks and requirements. The direction of travel is consistent, but the interpretation and implementation of new agreements and directives varies considerably. The chapters on individual countries take a deep dive into the registration of beneficial ownership in each case, and explain how concepts such as benefit and control are variously construed. If you are seeking a comprehensive guide to navigate you through the tricky waters of beneficial ownership, look no further. -- David MolianDr Panico and his colleagues present a masterful survey of this difficult subject. The discussion of its history and purposes introduces detailed accounts of its application in several EU countries, the United Kingdom and the United States. The publication will be much welcomed by practitioners dealing with the affairs of international clients. -- Milton GrundyTable of ContentsIntroduction: the 4th and 5th AML Directive Paolo Panico Paolo Panico’s Law Chambers Private Trustees SA Austria Christiane Edelhauser Michael Petritz KPMG Austria Belgium Saskia Lust Loyens & Loeff Crown Dependencies Paul Matthams Stonehage Fleming Cyprus George Economides E&G Economides LLC Czech Republic Šteˇpán Holub Holubová advokati s.r.o. France Jérôme Barré Barré & Associés Stéphanie Auferil Arkwood Germany Susanne Stauder Heuking Kühn Lüer Wojtek Greece Petros-Fotios Chr. Fatouros Angeliki Chimona Phi Lambda Law Firm Ireland Aileen Keogan Aileen Keogan Solicitor & Tax Consultant Italy Luigi Belluzzo Belluzzo International Partners Liechtenstein Johanna Niegel Allgemeines Treuunternehmen Luxembourg Paolo Panico Paolo Panico’s Law Chambers Private Trustees SA The Netherlands John Graham Graham, Smith & Partners Poland Aldona Leszczyn´ska-Mikulska Tomasz Piejak GWW Portugal Nuno Cunha Barnabé António Vidal ABREU Slovenia Tatjana Andoljšek OPAM LAW Luxembourg, Slovenia Spain Alberto Perez Cedillo Alberto Perez Cedillo Spanish Lawyers and Solicitors United Kingdom E N Reed Iskra Doukova Macfarlanes LLP United States Todd D Mayo UBS

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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 Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisDivided into two main parts, part one `Equity' outlines the history and development of equity as a body of law before delving into the application of the equitable remedies. Part two, `The Trust', examines the history and origin of the trust as an equitable remedy and charts its expansion. It examines the creation and validity of different types of trusts and their administration. In Principles of the Law of Equity and Trusts in Ireland the author draws on her experience in teaching this topic in both Ireland and England at undergraduate and post graduate levels to bring together a text which is intelligible and user friendly.Table of ContentsPart I - Equity Chapter 1: History and Development of Equitable Jurisdiction Chapter 2: The Maxims of Equity Chapter 3: Injunctions Chapter 4: Specific Performance Chapter 5: Rescission Chapter 6: Rectification Chapter 7: Estoppel Chapter 8: Tracing Part II - The Trust Chapter 9: History and Development of the Trust Chapter 10: Formalities and the Creation of the Express Trust Chapter 11: Secret Trusts Chapter 12: Donatio Mortis Causa Chapter 13: Resulting Trusts Chapter 14: Constructive Trusts Chapter 15: Trusts in Family Property Chapter 16: Purpose Trusts Chapter 17: Charitable Trusts Chapter 18: Void and Voidable Trust Chapter 19: The Administration of Trusts

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Book Synopsis

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