Underhill and Hayton law relating to trusts and trustees
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Underhill and Hayton law relating to trusts and trustees
LexisNexis, 2010
18th ed
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Underhill's law relating to trusts and trustees
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Note
First ed.: 1878
Previous ed.: 2006
Includes bibliographical references and index
Description and Table of Contents
Description
This major work provides practitioners with an incisive examination of the many important developments in laws relating to trusts and trustees that have taken place since the last edition in 2006, as well as forecasting likely developments in the future.
Comprehensive in its coverage and edited by a leading authority on trusts, this is the definitive work of reference on this subject for practitioners and academics alike.
In particular, the 18th edition includes:
* Extended discussion on sham trusts
* Comprehensive updating of Equitable Proprietary Estoppels
* Partial re-write of sections impacting mental capacity plus more on variations of foreign trusts and jurisdiction under Art 5(6) Reg 44/2001
* New material on equitable accounting re family homes
* Acquisition of interests in family homes after HL in Stack v. Dowden as subsequently applied, presumption of advancement, the Norwich Pharmacal principle and the Limitation Act
* New material on letters of wishes, the Hastings-Bass principle, and a beneficiary's derivative right to sue X if trustee will not.
Table of Contents
- DIVISION ONE - PRELIMINARY DEFINITIONS
- DIVISION TWO - EXPRESS OR DECLARED TRUSTS
- 1. Introduction
- 2. Matters essential to the prima facie validity of an express trust
- 3. Validity of declared trusts in relation to latent matters
- 4. The interpretation of executory trusts
- 5. The termination of trusts of property
- DIVISION THREE - TRUSTS IMPLIED BY LAW
- 6. Introduction
- 7. Resulting trusts
- 8. Constructive trusts
- DIVISION FOUR - THE ADMINISTRATION OF A TRUST
- 9. Disclaimer and acceptance of trusts
- 10. The estate of the trustee and its incidents
- 11. Trusts of Land
- 12. The trustee's duties
- 13. The powers of the trustees
- 14. Powers of the beneficiaries
- 15. The death, retirement, or removal of trustees and the appointment of new trustees
- 16. Appointment of a judicial trustee
- 17. The Public Trustee
- 18. Administration of new trusts created under limited powers in the original settlement
- 19. The rights of the trustee
- 20. 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
- 21. The liability of the trustees
- 22. Protection accorded to trustees in case of breach of trust
- 23. Liability of third parties and beneficiaries
- DIVISION SIX - CONFLICTS OF LAWS AND THE HAGUE TRUSTS CONVENTION
- 24. Conflicts of Laws and the Hague Trusts Convention
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