Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.
This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.
Keywords:Chancery, common law, constructive trust, resulting trust, discretionary trust, fiduciary power, estoppel, secret trust, death-bed gift, beneficiary
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- 1. The birth of equity and trusts
- 2. The different types of trust
- 3. Trusts and powers and the three certainties
- 4. The formality requirements and incompletely constituted trusts
- 5. Proprietary estoppel
- 6. The disposal of property on death
- 7. Resulting trusts
- 8. Unincorporated associations and the beneficiary principle
- 9. Charitable trusts
- 10. The duties of trustees: with special reference to investment
- 11. Maintenance and advancement and protective trusts
- 12. The appointment of trustees
- 13. Variation of trust
- 14. Breach of trust
- 15. Constructive trusts and fiduciary duty
- 16. Tracing
- 17. Trusts of the family home
- 18. Equitable remedies