The Law Of Trusts

The Law of Trusts provides a concise, yet challenging, approach to the core issues within trusts law. Combining perceptive analysis and thought-provoking commentary, James Penner skillfully engages with controversial issues, giving students an excellent grounding in what is considered to be a difficult subject.

"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."--

This volume in the 'Core Text Series' covers the law of trusts, explaining from first principles what 'trusts' is about and providing the student with an understanding of the law and the important academic controversies surrounding it.

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.

The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.

A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.