Underhill And Hayton

Underhill & 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.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.

This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. So that the book is never forgotten we have represented this book in a print format as the same form as it was originally first published. Hence any marks or annotations seen are left intentionally to preserve its true nature.

DIVISION ONE - PRELIMINARY DEFINITIONS -- DIVISION TWO - EXPRESS OR DECLARED TRUSTS -- 1. Preliminary terminology; 2. Introduction; 3. Matters essential to the prima facie validity of an express trust; 4. Validity of declared trusts in relation to latent matters; 5. The interpretation of executory trusts; 6. The termination of trusts of property; DIVISION THREE - TRUSTS IMPLIED BY LAW; 7. Introduction; 8. Resulting trusts; 9. Constructive trusts; DIVISION FOUR - THE ADMINISTRATION OF A TRUST; 10. Disclaimer and acceptance of trusts; 11. The estate of the trustee and its incidents; 12. Trusts of Land; 13. The trustee's duties; 14. The powers of the trustees; 15. Powers of the beneficiaries; 16. The death, retirement, or removal of trustees and the appointment of new trustees; 17. Appointment of a judicial trustee; 18. The Public Trustee; 19. Administration of new trusts created under limited powers in the original settlement; 20. The rights of the trustee; 21. The right of trustees and beneficiaries to seek the assistance of the Public Trustee or the court in auditing or in administrating the trust; DIVISION FIVE - THE CONSEQUENCES OF A BREACH OF TRUST; 22. The liability of the trustees; 23. Protection accorded to trustees in case of breach of trust; 24. Liability of third parties and beneficiaries; DIVISION SIX - CONFLICTS OF LAWS AND THE HAGUE TRUSTS CONVENTION; 25. Conflicts of Laws and the Hague Trusts Convention.

New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.

Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams". Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.

Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.

What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.

The extensively updated seventh edition of Unlocking Equity and Trusts will help you grasp the main concepts of Equity and Trusts with ease. Using straightforward language and explaining the law in a clear manner, it provides an excellent foundation for learning and revising. Each chapter in the book contains: Aims and objectives; Activities such as self-test questions; Charts of key facts to consolidate your knowledge; Diagrams to aid memory and understanding; Prominently displayed cases and judgements; Chapter summaries; Essay questions with answer plans; Glossary of legal terms. The Unlocking the Law series is designed specifically to make the law accessible to students coming to study a topic for the first time. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another.