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
HIGHLIGHTS COVERED IN THIS NEW EDITION:
A fully updated treatment of shams and, following Pitt v Holt, mistake and the re-stated principle in Re Hastings-Bass
An exposition of all recent statutes affecting trusts, including the Perpetuities and Accumulations Act 2009, the Trusts (Capital and Income) Act 2013, the Presumption of Death Act 2013 and the Inheritance and Trustees’ Powers Act 2014
A modern text on bribes and other unauthorised profits, after FHR European Ventures LLP and the Bribery Act 2010
A consideration of the vexed topic of limitation of trust claims in the light of Williams v Central Bank of Nigeria
A comprehensive account of the rules governing jurisdiction and choice of law in trust disputes, including disputes arising out of constructive trusts
A detailed statement of the law of co-ownership by cohabitants, as found in Jones v Kernott and later decisions
The fullest treatment of trusts arising under mutual wills and the Married Women’s Property Act
A discussion of confiscation and the civil recovery of the proceeds of crime as they impinge on trustees
New material on knowing receipt by a company and on the attribution of knowledge to a company in cases of fraud
An extensively revised account of the court’s powers in trust cases and the relevant procedural rules, including the incidence of costs and the new powers of costs management and costs capping
The 1st supplement brings the 19th Edition up-to-date with the most recent case law and legisltion.
SUPPLEMENT COVERAGE:
Fiduciary duties as to the appointment and removal of trustees after the Jersey decision in Re Piedmont Trust
The recent changes to the rules about service out of the jurisdiction in trust cases and the decision in Crociani v Crociani on jurisdiction clauses in trusts
Compulsory or voluntary disclosure of information provided confidentially in Beddoe applications
The Glenalla litigation in Guernsey, as to the personal responsibility of the trustee for trust liabilities, and of questions of priority where the trust assets are inadequate
Retrospective sanction by the court of self-dealing transactions
Disclosure under freezing injunctions over discretionary trusts
The attribution of knowledge to companies in claims for dishonest assistance and knowing receipt after the Supreme Court’s ruling in Bilta (UK) Ltd v Nazir
The requirements of the Fourth Money Laundering Directive and the Small Business, Enterprise and Employment Act 2015
The court’s role in applications by trustees for approval, in the light of Cotton v Brudenell-Bruce
Adding new accumulation periods on variations under the Variation of Trusts Act 1958
