The Law of Trusts and Equitable Obligations

by Pearce, Robert; Stevens, John; Barr, Warren

• ISBN13: 9780199570638
• ISBN10: 0199570639
• Edition: 5th
• Format: Paperback
• Copyright: 2010-08-20
• Publisher: Oxford University Press

Summary

The Law of Trusts and Equitable Obligations provides students with a detailed and stimulating account of the law of equity and trusts. It offers comprehensive analysis of topics covered on equity and trusts modules on undergraduate law degrees. The fifth edition has been thoroughly updated by Warren Barr, lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens. The introductory section has been restructured to reflect changes in modern teaching of the subject and recent case law. A new chapter on Trusts of the Family Home has been added together with an revised and expanded chapter on charities. In addition to these substantive changes to content, the author has added a glossary of terms to aid understanding of key definitions and terminology. Written in a fresh and lively style and supported by a strong analytical framework, the fifth edition of the Law of Trusts & Equitable Obligations continues the tradition of previous editions by providing students with a relevant and exciting examination of the Law of equity and trusts.

Author Biography

Professor Robert Pearce BCL MA (Oxon) (Pembroke College), formerly Vice-Chancellor of the University of Wales, Lampeter, formerly Pro-Vice Chancellor of the University of Buckingham and Professor of Property and Equity. Formerly lecturer at the Universities of Newcastle-upon-Tyne, Lancaster and University College Cork.
John Stevens BCL (Oxon) and MA (Cantab) (Christchurch Oxford and Trinity Hall Cambridge), formerly Senior Lecturer and formerly Deputy Head of School, the University of Birmingham, formerly lecturer at the University of Buckingham
Warren Barr, LLM (Reading), Lecturer in Law at University of Liverpool, Law Teacher of the Year 2006

Table of Contents

Introductory

Equity and the law of property

Historical Introduction

Equitable Obligations: trusts and powers

Equity and the management of property

Equitable remedies in modern English law

Creating the relationship

Substantive and formal requirements for the creation of express trusts

Secret trusts

Resulting trusts

Constructive trusts

Trusts of the family home

Mutual wills

Allocation of Benefit

Introduction to allocation

Defined interests

Powers of advancement and maintenance

Powers of appointment and redistribution

Discretionary trusts

Variation of beneficial interests

Charities

Winding up funds

Asset Management

Holding trusts and nominee holdings

Management powers

Investment and reinvestment

Collective assets and investments

Delegation by trustees

Appointment, removal and retirement of trustees

Accountability of trustees

Checks and Controls

Control of trusts and trustees

Remedies against the trustee for breach of trust

Fiduciary position of trustees

Remedies against strangers to the trust

Tracing

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