Lewin on Trusts - 9781847034649

Lewin on Trusts

18th Edition, Mainwork & Supplement

Series: Trusts, Wills and Probate Libr

ISBN: 9781847034649

Published by: Sweet & Maxwell

Authors: John Mowbray, QC; Lynton Tucker; Nicholas Le Poidevin; Edwin Simpson; James Brightwell

Publication Date: 18 Aug 2010

Format: Hardback

£446.00

Free UK delivery

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Product Description

Frequently cited in court, this revised guide provides any practitioner with the definitive text on the law and practice of trusts. The 18^th edition:

Offers comprehensive coverage of the entire law of trusts, from general principles to current practice
Deals with the definition, classification and creation of trusts
Covers the beneficiaries and their interests
Covers the appointment and discharge of trustees
Features coverage on the administration of the trust property
Explains breach of trust and available remedies
Provides answers to questions that arise in modern trust practice
Refers to Canadian, New Zealand, Australian, Channel Island and Caribbean decisions
Includes coverage of the latest decisions on trust law
Deals with constructive trusts and asset tracing
Provides full coverage of the impact of new anti-money laundering legislation relating to trustees
Refers to Commonwealth decisions and suggests solutions lacking in UK case law
New first supplement brings the 18th edition completely up to date with all legislative changes, new cases and general practice developments

Contents

Definition, classification and creation of trusts

Definition and classification
Parties and property for express trusts
Principal methods of constitution of express trusts
Requirements for essential validity of express trusts
Legality of object of trust
Interpretation of express trusts
Trusts arising by operation of law generally
Resulting and other trusts arising upon failure of dispositions
Trusts arising in relation to the acquisition of property
Creation of trusts by contract
Foreign elements

The trustees

Becoming a trustee
Death, retirement and removal of trustees
Appointment of new trustees out of court
Appointment of new trustees by the court
Appointment of new trustees in place of a trustee suffering from mental disorder
Vesting trust property out of court on change of trustees
Vesting and similar orders
Particular trustees
Unauthorised profits and conflicts of interest
Indemnity of trustees
Insolvency of a trustee

The beneficiaries and beneficial interests

Rights of beneficiaries during administration
The right to call for the trust property
Capital and income
Distribution of the trust fund without the intervention of the court
Distribution of the trust fund with the intervention of the court
Hotchpot
Powers generally
Third party powers and consents
Powers of maintenance
Powers of advancement
Characteristics of an equitable interest under fixed trusts

Administration of the trust property

Administrative duties of trustees
Investment by trustees
Administrative powers of trustees
Trusts affecting land

Breach of trust and remedies

Prevention of breaches of trust
Remedies against trustees personally
Remedies against accessories
Proprietary remedy and tracing against trustees and third parties
Personal remedies against recipients
Remedies against third parties otherwise than in respect of breach of trust
Limitations of actions

Lawful departure from the trusts

Lawful departure from the trusts

Money laundering

Reviews

"One of the classic legal textbooks" - Law Quarterly Review