Modern Developments In The Law Of Trusts

Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.

This book is concerned with the development of the trust idea in common law jurisdictions, whether mainland or offshore, and in civil law jurisdictions. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts, about which little has been written. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the Recognition of Trusts comes to be implemented. In this volume the work of leading trust scholars in Canada, England, the USA, Germany and Japan is brought together to explore key issues in trust law, until now not covered in any single resource: the full elasticity of the trust concept; the variety and significance of commercial or financial trusts; the scope for reforming trust law in various jurisdictions to make it more economically efficient in assisting in the preservation and generation of wealth; the potential for the development of a core trust concept in civil law jurisdictions as a special part of the law of obligations, without any need to create equitable proprietary interests in favour of beneficiaries. Modern International Developments in Trust Law will be of interest not only to academic trust lawyers and comparative lawyers, but to common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions.

"The fourth edition of The Law of Trusts: A Contextual Approach continues to provide a comprehensive overview of the various contexts in which trusts may be employed. The development of the law of express trusts and trusts by operation of law is reviewed, including analysis of the impact that this area of law has had on various aspects of Canadian jurisprudence and social policy. This new edition includes an updated chapter on fiduciary obligations and continues to look at important issues such as trusts in Quebec, the use of trusts in the environmental and commercial contexts, as well as the fiduciary obligations that the federal government owes to Indigenous peoples."--

An accessible and current guide to the legal aspects and overall functioning of trusts. This new and updated edition incorporates recent case law and major legislative changes, and will be of particular interest to teachers and students at undergraduate level, vocational students and practitioners.

This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas.

Widely regarded as the leading authority on the law of trusts, Scott on Trusts offers practical advice on the creation, administration, and termination of all kinds of trusts, as well as incisive analysis of the underlying principles of trust law. The duties of trustees and the rights of beneficiaries, would-be beneficiaries, and third parties are constantly being changed and redefined. This preeminent resource keeps you abreast of the latest developments in trust law enabling you to resolve trust problems efficiently and effectively with regular updates integrating the latest court decisions and legislative changes. Scott on Trusts allows you to examine the full range of your options at every stage, from client counseling to final distribution. You'll find all the guidance you need to handle such trust elements and issues as: What can make a trust illegal -- Powers and liabilities of the trustee -- Remedies of the beneficiary -- Charitable, constructive, and resulting trusts -- Thirdperson liabilities -- Power of creditors to reach trust property -- ERISA -- Conflict of laws -- Moral and political factors influencing a trustee's investments -- Corporate fiduciaries -- Creditors and bankruptcy -- Eligibility of beneficiary for Medicaid.