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Lewin on Trusts

Lewin on Trusts
20th Edition, Mainwork & 1st Supplement
Series:  Trusts, Wills and Probate Libr
Practice Area:  Trusts Law
ISBN:  9780414111004
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2023
Subscription Information:  Non-Subscribable Product
Format:  Hardback, Paperback
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Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the appointment, removal and remuneration of trustees, beneficiaries and beneficial interests, powers, administration of the trust property, proceedings and remedies, and regulation of trusts.

“The book reads with the authority of a fully-considered opinion of counsel, one which combines a deep view of the trust as a legal institution with practical suggestions for its effective operation.” (Law Quarterly Review)

The First Supplement to the 20th Edition, prepared by the authors of this edition, comprehensively covers the many recent developments in the law of trusts which have occurred at home and abroad. New coverage includes:

  • Principles concerning indemnity of trustees and former trustees, particularly in relation to ‘insolvent’ trusts
  • Developments concerning settlor control over trusts and reserved powers
  • Limitations on exercise of powers of amendment and other powers, having regard to the evolution of the established law on ‘fraud on the power’ into a set of principles formulated in Grand View Private Trust Co. Ltd v Wong (2022) concerning the purposes for which a trust is established
  • Rival views in offshore jurisdictions about the role of a protector in giving consent to the exercise of powers by trustees
  • Disclosure by trustees in litigation, including disclosure by them as third parties
  • The continuing developments in the law concerning and knowing receipt and the proprietary remedy
  • What is left of the reflective loss principle in relation to trusts after the decision of the Supreme Court in Marex Financial Ltd v Sevilleja (2020)
  • The impact of implementation of Brexit on trusts, especially in the context of jurisdiction and data protection
  • Developments in regulation of trusts, including registration of overseas entities

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CONTENTS

  • 1. DEFINITION AND CLASSIFICATION
  • 2. PARTIES AND PROPERTY FOR EXPRESS TRUSTS
  • 3. PRINCIPAL METHODS OF CONSTITUTION OF EXPRESS TRUSTS
  • 4. CREATION OF TRUSTS BY CONTRACT
  • 5. REQUIREMENTS FOR ESSENTIAL VALIDITY OF EXPRESS TRUSTS
  • 6. LEGALITY OF OBJECT OF TRUST
  • 7. INTERPRETATION OF EXPRESS TRUSTS
  • 8. TRUSTS ARISING BY OPERATION OF LAW GENERALLY
  • 9. RESULTING AND OTHER TRUSTS ARISING UPON FAILURE OF DISPOSITIONS
  • 10. TRUSTS ARISING IN RELATION TO THE ACQUISITION OF PROPERTY
  • 11. JURISDICTION, SERVICE AND JUDGMENTS
  • 12. CHOICE OF LAW
  • 13. BECOMING A TRUSTEE
  • 14. DEATH, RETIREMENT AND REMOVAL OF TRUSTEES
  • 15. APPOINTMENT OF NEW TRUSTEES
  • 16. APPOINTMENT OF NEW TRUSTEES IN PLACE OF TRUSTEES LACKING MENTAL CAPACITY
  • 17. VESTING TRUST PROPERTY AND INDEMNITY ON CHANGE OF TRUSTEES
  • 18. PARTICULAR TRUSTEES
  • 19. INDEMNITY OF TRUSTEES
  • 20. REMUNERATION OF TRUSTEES
  • 21. DISCLOSURE TO PERSONS INTERESTED UNDER THE TRUST
  • 22. THE RIGHT TO CALL FOR THE TRUST PROPERTY
  • 23. CAPITAL AND INCOME
  • 24. DISTRIBUTIONS FROM THE TRUST FUND
  • 25. HOTCHPOT
  • 26. Assignment of Equitable Interests and Priorities
  • 27. TRUSTS AND INSOLVENCY
  • 28. POWERS GENERALLY
  • 29. EXERCISING POWERS
  • 30. DEFECTIVE EXERCISE OF POWERS
  • 31. POWERS OF MAINTENANCE
  • 32. POWERS OF ADVANCEMENT
  • 33. POWERS OF APPOINTMENT, AMENDMENT AND LIKE POWERS
  • 34. ADMINISTRATIVE DUTIES OF TRUSTEES
  • 35. INVESTMENT BY TRUSTEES
  • 36. ADMINISTRATIVE POWERS OF TRUSTEES
  • 37. TRUSTS OF LAND AND CHATTELS
  • 38. SETTLED LAND
  • 39. APPLICATIONS
  • 40. SAFEGUARDING TRUST PROPERTY FROM BREACH OF TRUST
  • 41. PERSONAL REMEDIES AGAINST TRUSTEES FOR BREACH OF TRUST
  • 42. PERSONAL REMEDIES AGAINST RECIPIENTS
  • 43. REMEDIES AGAINST ACCESSORIES
  • 44. PROPRIETARY REMEDY AND TRACING AGAINST TRUSTEES AND THIRD
  • 45. UNAUTHORISED PROFITS
  • 46. CONFLICTS OF INTEREST
  • 47. REMEDIES AGAINST THIRD PARTIES OTHERWISE THAN IN RESPECT OF
  • 48. COSTS OF PROCEEDINGS
  • 49. ALTERNATIVE DISPUTE RESOLUTION
  • 50. LIMITATION OF ACTIONS
  • 51. TRUSTS AND DIVORCE
  • 52. ENLARGEMENT OF ADMINISTRATIVE POWERS BY THE COURT
  • 53. VARIATION
  • 54. REGISTRATION AND REGULATION
  • 55. TRUSTEES INVOLVED WITH CRIMINAL AND TERRORIST PROPERTY

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"One of the classic legal textbooks" 

- Law Quarterly Review

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