Borkowski’s Law of Succession gives full attention to this area’s rich and evolving case law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. This revised edition covers new case law including Ilott v The Blue Cross and subsequent decisions, Payne v Payne, Legg v Burton, and Hand v George, and new legislation including the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. The text also looks at relevant Law Commission projects (in particular the recent consultation paper on Making A Will). Finally, there is discussion of the latest succession law scholarship.
Book
Richard Clements and Ademola Abass
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.
Book
Sarah Worthington
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Equity sets out the basic principles of Equity, and illustrates them by reference to commercial and domestic examples of their operation. The text, which is the second edition, describes the role of Equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the Common Law itself. This edition offers a reworking of the material traditionally described as Equity. In doing this, it provides an examination of the fundamental principles underpinning Equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, it exposes the possibilities, and the need, for coherent substantive integration of Common Law and Equity. Such integration is perceived in this text as crucial to the continuing success of the modern Common Law legal system.
Book
Paul S. Davies and Graham Virgo
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Equity & Trusts: Text, Cases, and Materials provides a guide to the subject by providing analyses of the law of equity and trusts with extracts from cases and materials. This book provides analysis of significant recent key cases including the Supreme Court’s decision in Patel v Mirza where a new approach to determining the impact of the taint of illegality on private law claims was identified, which is of particular significance to claims for breach of trust and the recognition of the resulting trust. Other relevant decisions include: Angove’s Pty Ltd v Bailey, on the recognition of the constructive trust; Akers v Samba Financial Corp, on the nature of proprietary interests and rights under trusts; Ivey v Genting Casinos UK Ltd (t/a Crockfords Club), on the definition of dishonesty; and Burnden Holdings (UK) Ltd v Fielding, on limitation periods. Similarly, the Privy Council has heard important appeals in the area of Equity and trusts: notably Investec Trust (Guernsey) Ltd v Glenala Properties, on trustees and breach of trust and Marr v Collie, on the recognition of the common intention constructive trust. The impact of these developments has meant that there has been particularly significant rewriting of chapter 7 (constructive trusts) and chapter 9 (informal arrangements relating to land), plus significant rewriting of sections in other chapters, especially as to the nature of the rights and interests under a trust and the effect of illegality. The book is made up of nine parts that consider express private trusts, purpose trusts, non-express trusts, beneficiaries, trusties, variation, breach, and orders.
Book
Gary Watt
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This book explains the key topics covered on equity and trusts courses. The content of the text is designed to emphasise the relationship between equity, trusts, property, contract and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially significant role of trusts and equity. The book starts by introducing equity and trusts. It then includes a chapter on understanding trusts, and moves on to consider capacity and formality requirements, certainty requirements and the constitution of trusts. Various types of trusts are then examined such as purpose, charitable, and variation trusts. The book then describes issues related to trusteeship. Breach of trust is explained, as is informal trusts of land. There is a chapter on tracing, and then the book concludes by looking at equitable liability of strangers to trust and equitable doctrines and remedies. This new edition includes coverage of significant recent cases, including the Supreme Court decision on interest to be paid by tax authorities on monies owed; the Supreme Court decision on the test of dishonesty applicable to civil matters; the Privy Council decision on the division of investment property acquired by cohabitants; the Court of Appeal decisions on Quistclose trusts; fiduciary duties in arms-length contracts; transactions prejudicing creditors; beneficiary anonymity in variation of trust cases; exemption clauses; discretion exercised beyond trustee’s authority; implications of GDPR for trustee disclosures; trustee personal liability; causation and equitable compensation; statutory relief for a professional trustee’s breach of trust; use of proprietary estoppel to reward work undertaken in farming families; costs of seeking court’s directions; injunctions ordered against persons unknown; equitable jurisdiction to rectify agreements.
Book
Derek Whayman
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McPhail v Doulton, Re Baden’s Deed Trusts (No 1) [1971] AC 424, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Book
Derek Whayman
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.
Book
Simon Gardner
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. An Introduction to the Law of Trusts provides an introduction to trusts law, aiming to present a conceptual framework to aid understanding of this challenging area of the law. The text, which is the third edition, also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this text provides an insightful introduction to the law of trusts.
Book
J E Penner
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The Law of Trusts provides perceptive analysis and original and thought-provoking commentary to give students a grounding in what is considered to be a difficult subject. The book introduces the controversies surrounding the topic in a clear way allowing the student reader to appreciate the subject’s theoretical issues and difficulties, engaging the reader and giving an all-round picture of the key issues relating to the subject. Each chapter of this edition has been thoroughly revised to bring into focus the modern law of trusts. New to this edition, Chapters 4 and 11, examine important trusts which rarely get significant coverage in their own right: the modern discretionary trust, the solicitor-agent trust, the Quistclose trust, and the unincorporated association trust.
Book
Warren Barr and John Picton
Pearce & Stevens’ Trusts and Equitable Obligations provides a detailed and contextualized account of the law of equity and trusts. The text gives detailed analysis of all key decisions, statutes, and current academic debates related to the law of equity and trusts, providing a grounding in the subject. This new edition, which includes substantial additions on trusts of the family home, charities, and wills and intestate succession, brings the law coherently together. The text has been updated with recent cases and developments in the area, including Stoffel and Co v Grondona [2020] UKSC 42 on illegality, Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 on advisor liability, Webb v Webb [2020] UKPC 22 on beneficial ownership, and Matthew v Sedman [2021] 1 UKSC 19 on the running of time limits in limitation actions.
Book
Graham Virgo
The Principles of Equity & Trusts offers a distinctive approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and future development. The text communicates both Equity and trust doctrine and theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of eight parts. Part I considers the history and contemporary relevance of Equity. Part II is about the express trust. Part III considers purpose trusts. Part IV then examines resulting and constructive trusts. Part V is about beneficiaries. Part VI examines trustees’ powers and duties. Part VII examines variations of trusts. Part VIII is about breach of trust and fiduciary duty and the personal and proprietary remedies available for such breach.
Book
Graham Virgo
The Principles of Equity & Trusts offers a distinctive approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and development. The text communicates both Equity and trust doctrine and also theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of nine parts. Part I considers the history and contemporary relevance of Equity. Part II is about the express trust. Part III considers purpose trusts. Part IV then examines implied trusts. Part V is about beneficiaries. Part VI examines trustees’ powers and duties. Part VII examines variations of trusts. Part VIII is about breach of trust and fiduciary duty and the personal and proprietary remedies available for such breach. The final part examines other equitable remedies.
Book
Gary Watt
This book provides a detailed and conceptual analysis of trusts and equity; concentrating on those areas of the subject that are most relevant in the contemporary arena, such as the commercial context. It utilizes expertise in teaching, writing, and researching to enliven the text with helpful analogies and memorable references to extra-legal sources such as history, literature, and film. In this way, the book also stimulates students to engage critically with concepts. This new edition is not merely updated but fully revised to include a new layout and a number of features designed to make the text even more accessible to student readers, one of which is a new context feature at the start of each chapter. This new revised edition also includes the latest legal developments, including decisions of the Supreme Court on dishonesty in relation to the civil liability of strangers to trusts (Ivey v. Genting Casinos UK Ltd (t/a Crockfords Club (2017)) and on equitable relief against forfeiture (The Manchester Ship Canal Company Ltd v. Vauxhall Motors Ltd (2019)). A great many new cases in the Court of Appeal and the High Court have been added, including twenty or more in 2019 alone. Other recent devlepments including law commission reports and academic commentary are also included. Further reading and discussion of anticipated reforms has been updated throughout in light of the latest legal developments.
Book
Gary Watt
This book provides a detailed and conceptual analysis of trusts and equity; concentrating on those areas of the subject that are most relevant in the contemporary arena, such as the commercial context. It utilizes expertise in teaching, writing, and researching to enliven the text with helpful analogies and memorable references to extra-legal sources such as history, literature, and film. In this way, the book also stimulates students to engage critically with concepts. This new edition also includes the latest legal developments, including on: the status of cryptocurrency as trust property; so-called ‘Red Cross’ or ‘Massively Discretionary Trusts’; the presumption of advancement in favour of an adult, financially independent child; virtual witnessing of wills in the period of the COVID-19 pandemic; charitable trusts that engage with controversial and decisive issues; resort to cy-près schemes where a charity’s funds are not fit for purpose; disclosure of trust documentation and the beneficiaries’ right to confidentiality; rescission of a trustee appointment and removal of trustees under the court’s inherent jurisdiction; investment by charities in products conflicting with their purposes; establishing a dishonest breach of trust by a professional trustee; backwards tracing and anticipatory substitution; knowing receipt claims against foreign banks; and, dishonesty as an ingredient of dishonest assistance by a professional agent.
