Trends in Contemporary Trust LawThis important collection of essays by a distinguished group of trust lawyers demonstrates that trusts law continues to be an area of great vitality and practical significance. Trusts is a subject that excites interest with its mixture of sophisticated thinking and practical commercial application. The papers in this volume not only have international appeal but also cover areas which are currently important to the legal profession. The essays range widely over subjects as varied as non-charitable purpose trusts (important for their use in tax havens in commercial and estate planning roles), the protector (a figure increasingly introduced to discretionary trusts in tax havens), pension trusts (important in the light of recent pension fraud), the duty of care owed by company directors to the company, liability and remedies for breach of trust, equities reaction to modern domestic relationships and taxation of the constructive trustee. |
Contents
Obligations without Rights? | 1 |
Other Limitations | 9 |
Sidestepping the Rule | 18 |
The Irreducible Core Content of Trusteeship | 26 |
Eureka | 28 |
Use of Protector as Cutoff Device | 54 |
Two Schools of Thought | 67 |
Control by the Courts | 75 |
90 | 148 |
Moulding the Content of Fiduciary Duties | 153 |
Where are We Going with Equitable Compensation? | 177 |
A Comment | 211 |
The Liberalising Nature of Remedies for Breach of Trust | 217 |
Trust Law for the Twentyfirst Century | 257 |
Equitys Reaction to Modern Domestic Relationships | 273 |
Should a Revenue Statute | 315 |
The Manner of Exercise of the Power | 81 |
Death or Loss of Capacity or Absence | 90 |
Exculpation Clauses | 99 |
Some Trust Principles in the Pensions Context | 123 |
Selfdealing Trustees | 135 |
Treating the Constructive Trust as a Trust | 322 |
| 333 | |
| 339 | |
Common terms and phrases
administrative apply appoint assets Australia authority Bank Barclays Bank beneficiaries benefit breach of fiduciary breach of trust Ch.D charity circumstances claim clause common law constructive trust contract Corporation Court of Appeal decision discretion discretionary trust duty of care duty of loyalty effect employees enforce entitled equitable compensation exercise existence fiduciary duty fiduciary obligations fiduciary relationship gift Hayton held High Court holder Ibid income intended investment Jersey judge judgment jurisdiction land Law of Trusts legislation Lord Browne-Wilkinson loss ment negligence non-charitable NZLR offshore trust pension scheme Pension Trust Pensions Act 1995 perpetuity period person plaintiff power-holder presumption of advancement principle protector purchase purpose trusts question reason relevant remedy require resulting trust Settlement settlor solicitors statutory third party tion transaction trust fund trust instrument trust law trust property Trustee Act trustee's Zealand