Lewin on Trusts 20th Edition by Lynton tucker

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Lewin on Trusts 20th Edition by Lynton tucker

Author Lynton Tucker, Nicholas Le Poidevin, James Brightwell
Publication Date March 2020
ISBN 9780414068056
Format Hardcover
Publisher Sweet & Maxwell

 

The 20th edition of Lewin on Trusts provides an in-depth examination of both general principles and practical considerations, covering all aspects of trusts law, including the creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and trust regulation.

The new version has been completely reorganised and enlarged to include recent legal developments and judgements in England, the old Commonwealth, and all of the major offshore jurisdictions.

New features in Lewin on Trusts 20th:

  • A new section on trusts and divorce has been included.
  • A comprehensive overview of the "firewall" legislation that protects trusts from the application of foreign laws in foreign jurisdictions.
  • The new data privacy legislation (GDPR and the 2018 Act) has an influence on trusts.
  • Human rights legislation's impact on the interpretation of children's trusts.
  • An enlarged discussion of the nature and effect of the settlor's powers in relation to trusteeship changes and other concerns.
  • An updated assessment of outgoing trustee indemnification.
  • Changes in the priority of claims against insolvent trusts and their winding up.
  • Mediation and other techniques of ADR for trust disputes are covered.
  • Hearings in public and private, as well as the confidentiality of trust proceedings.

Contents of Lewin on Trusts 20th Edition:

PART 1
Ch 1 Definition and Classification
Ch 2 Parties and Property for Express Trusts
Ch 3 Principal Methods of Constitution of Express Trusts
Ch 4 Creation of Trusts by Contract
Ch 5 Requirements for Essential Validity of Express Trusts
Ch 6 Legality of Object of Trust
Ch 7 Interpretation of Express Trusts
Ch 8 Trusts Arising by Operation of Law Generally
Ch 9 Resulting and other Trusts Arising upon Failure of Dispositions
Ch 10 Trusts Arising in Relation to the Acquisition of Property

PART 2
FOREIGN ELEMENTS
Ch 11 Jurisdiction and Service
Ch 12 Choice of Law

PART 3
THE TRUSTEES
Ch 13 Becoming a Trustee
Ch 14 Death, Retirement and Removal of Trustees
Ch 15 Appointment of New Trustees
Ch 16 Appointment of New Trustees in place of Trustees Lacking Mental Capacity
Ch 17 Vesting Trust Property and Indemnity on Change of Trustees
Ch 18 Particular Trustees
Ch 19 Indemnity of Trustees
Ch 20 Remuneration of Trustees

PART 4
THE BENEFICIARIES AND BENEFICIAL INTERESTS
Ch 21 Disclosure to Persons Interested under the Trust
Ch 22 The Right to Call for the Trust Property
Ch 23 Capital and Income
Ch 24 Distributions from the Trust Fund
Ch 25 Hotchpot
Ch 26 Assignment of Equitable Interests and Priorities
Ch 27 Trusts and Insolvency

PART 5
POWERS
Ch 28 Powers Generally
Ch 29 Exercising Powers
Ch 30 Defective Exercises of Powers
Ch 31 Powers of Maintenance
Ch 32 Powers of Advancement
Ch 33 Powers of Appointment, Amendment and Like Powers

PART 6
ADMINISTRATION OF THE TRUST PROPERTY
Ch 34 Administrative Duties of Trustees
Ch 35 Investment by Trustees
Ch 36 Administrative Powers of Trustees
Ch 37 Trusts of Land and Chattels
Ch 38 Settled Land

PART 7
PROCEEDINGS AND REMEDIES
Ch 39 Applications

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