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Law of Trusts

Patrick W. McLoughlin, Catherine Rendell

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Abstract

PART 1 NATURE OF TRUSTS - The origins and development of trust. Nature of beneficiaries rights. Classification of trusts - Implied Trusts - PART 2 CREATION OF EXPRESS TRUSTS - Certainty - Formality. Inter-vivos and by will. Secret trusts. Effect of failure to satisfy the requirements of trust - Constitution. Incomplete dispositions. Agreements to create trusts. - Effect of Failure to creat express trust - PART 3 THE EXPRESS TRUST AS A MECHANISM FOR PROTECTING PRIVATE WEALTH - Basic types of trust: successive interests, maintenance and accumulation settlements, discretionary trusts, protective trusts, unit trusts, pension schemes. Taxation considerations - Variation of trusts - Management of trusts: investment, duty of care, fiduciary duties, accounts and information, control by beneficiaries, change of trustees - Breach of duty: personal liability of trustees and co-trustees, relief and defences - Restitutionary rights of beneficiaries: claims to value received and value surviving (tracing). Intermeddling - PART 4 PURPOSES, UNINCORPORATED ASSOCIATIONS, CHARITIES AND TRUSTS - Private purpose trusts - Unincorporated associations property holding and dissolution - Charities, Cy-pr s - PART 5 TRUSTS AND THE FAMILY HOME - Trusts and the family home - Bibliography and Further Reading - Index

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PART 1 NATURE OF TRUSTS - The origins and development of trust. Nature of beneficiaries rights. Classification of trusts - Implied Trusts - PART 2 CREATION OF EXPRESS TRUSTS - Certainty - Formality. Inter-vivos and by will. Secret trusts. Effect of failure to satisfy the requirements of trust - Constitution. Incomplete dispositions. Agreements to create trusts. - Effect of Failure to creat express trust - PART 3 THE EXPRESS TRUST AS A MECHANISM FOR PROTECTING PRIVATE WEALTH - Basic types of trust: successive interests, maintenance and accumulation settlements, discretionary trusts, protective trusts, unit trusts, pension schemes. Taxation considerations - Variation of trusts - Management of trusts: investment, duty of care, fiduciary duties, accounts and information, control by beneficiaries, change of trustees - Breach of duty: personal liability of trustees and co-trustees, relief and defences - Restitutionary rights of beneficiaries: claims to value received and value surviving (tracing). Intermeddling - PART 4 PURPOSES, UNINCORPORATED ASSOCIATIONS, CHARITIES AND TRUSTS - Private purpose trusts - Unincorporated associations property holding and dissolution - Charities, Cy-pr s - PART 5 TRUSTS AND THE FAMILY HOME - Trusts and the family home - Bibliography and Further Reading - Index

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PART 1 NATURE OF TRUSTS - The origins and development of trust. Nature of beneficiaries rights. Classification of trusts - Implied Trusts - PART 2 CREATION OF EXPRESS TRUSTS - Certainty - Formality. Inter-vivos and by will. Secret trusts. Effect of failure to satisfy the requirements of trust - Constitution. Incomplete dispositions. Agreements to create trusts. - Effect of Failure to creat express trust - PART 3 THE EXPRESS TRUST AS A MECHANISM FOR PROTECTING PRIVATE WEALTH - Basic types of trust: successive interests, maintenance and accumulation settlements, discretionary trusts, protective trusts, unit trusts, pension schemes. Taxation considerations - Variation of trusts - Management of trusts: investment, duty of care, fiduciary duties, accounts and information, control by beneficiaries, change of trustees - Breach of duty: personal liability of trustees and co-trustees, relief and defences - Restitutionary rights of beneficiaries: claims to value received and value surviving (tracing). Intermeddling - PART 4 PURPOSES, UNINCORPORATED ASSOCIATIONS, CHARITIES AND TRUSTS - Private purpose trusts - Unincorporated associations property holding and dissolution - Charities, Cy-pr s - PART 5 TRUSTS AND THE FAMILY HOME - Trusts and the family home - Bibliography and Further Reading - Index

Key concepts: Settlor, Trust law, Testamentary trust, Fiduciary, Unit trust, Constructive trust, Express trust, Blind trust

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