2019•Oxford University Press eBooksRequires access

2. The nature of the express trust

JE Penner

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Abstract

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following concepts: the express trust and trusts arising by operation of law; the way in which beneficiaries of trust receive the benefits of the trust assets; beneficial, legal, and equitable interests in property; trustees and fiduciaries; the personal and proprietary nature of the trust; bare trusts, special trusts, and nomineeships; the nature of the beneficiary’s right; the bona fide purchaser; property and obligations; a note on trusts for civil lawyers; the civil law trusts in Quebec and Scotland; the context of insolvency, and testamentary gifts.

About this research paper

What this paper is about

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following concepts: the express trust and trusts arising by operation of law; the way in which beneficiaries of trust receive the benefits of the trust assets; beneficial, legal, and equitable interests in property; trustees and fiduciaries; the personal and proprietary nature of the trust; bare trusts, special trusts, and nomineeships; the nature of the beneficiary’s right; the bona fide purchaser; property and obligations; a note on trusts for civil lawyers; the civil law trusts in Quebec and Scotland; the context of insolvency, and testamentary gifts.

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Available abstract

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following concepts: the express trust and trusts arising by operation of law; the way in which beneficiaries of trust receive the benefits of the trust assets; beneficial, legal, and equitable interests in property; trustees and fiduciaries; the personal and proprietary nature of the trust; bare trusts, special trusts, and nomineeships; the nature of the beneficiary’s right; the bona fide purchaser; property and obligations; a note on trusts for civil lawyers; the civil law trusts in Quebec and Scotland; the context of insolvency, and testamentary gifts.

Key concepts: Testamentary trust, Beneficiary, Settlor, Trust law, Express trust, Blind trust, Insolvency, Context (archaeology)

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