Lewin on Trusts 20e bk+ebk

Frequently cited in court, Lewin on Trusts covers the entire law of trusts from general principles to current practice, ensuring you have all the information you need on the effective creation of trusts and the resolution of disputes and other problems that arise.

LEWIN ON TRUSTS:

Covers all aspects of trusts law, from creation of trusts and the role and duties of trustees, to beneficiaries and their interests and administration.

Includes in-depth analysis of both general principles and the practical implications of trust law
Provides clear guidance on questions that arise in modern trusts practice
Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect
Explores the impact of the latest case law
Explains breach of trust and available remedies
Deals with constructive trusts and asset tracing
Covers anti-money-laundering legislation in relation to trusts
Refers to Commonwealth decisions, suggesting solutions lacking in UK case law
Covers costs issues in trusts disputes

The new edition has been extensively re-organised and re-written to take account of decisions not only in England but also in the old Commonwealth and all the main offshore jurisdictions. There is a full coverage of many new topics, in particular a comprehensive treatment of trusts and divorce.

Other additions include:
• The impact of the new data protection legislation (GDPR and the 2018 Act) on trustees
• Mediation and other forms of ADR for trust disputes
• Unexplained wealth orders
• FATCA, CRS and registers of beneficial ownership

1. Definition and classification
2. Parties and property for express trusts
3. Principal methods of constitution of express trusts
4. Requirements for essential validity of express trusts
5. Legality of object of trust
6. Interpretation of express trusts
7. Trusts arising by operation of law generally
8. Resulting and other trusts arising upon failure of dispositions
9. Trusts arising in relation to the acquisition of property
10. Creation of trusts by contract
11. Foreign elements
12. Becoming a trustee
13. Death, retirement and removal of trustees
14. Appointment of new trustees out of court
15. Appointment of new trustees by the court
16. Appointment of new trustees in place of trustees lacking mental capacity
17. Vesting trust property and indemnity of change of trustees
18. Vesting and similar orders
19. Particular trustees
20. Unauthorised profits and conflicts of interest
21. Indemnity of trustees
22. Trusts and insolvency
23. Disclosure to persons interested under the trust
24. The right to call for the trust property
25. Capital and income
26. Distributions from the trust fund
27. Court proceedings concerning trusts and treatment of their costs
28. Hotchpot
29. Powers generally
30. Powers of appointment, amendment and like powers
31. Powers of maintenance
32. Powers of advancement
33. Assignments of equitable interests and priorities
34. Administrative duties of trustees
35. Investment by trustees
36. Administrative powers of trustees
37. Trusts affecting land
38. Safeguarding trust property from breach of trust
39. Remedies against trustees personally
40. Remedies against accessories
41. Property remedy and tracing against trustees and third parties
42. Personal remedies against recipients
43. Remedies against third parties otherwise than in respect of breach of trust
44. Limitation of actions
45. Lawful departure from the trusts
46. Trustees involved with criminal and terrorist property