Lewin on Trusts 20th Edition Mainwork + Supplement

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

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