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Description

Lewin on Trusts is one of the great legal textbooks, regarded as the definitive text on the subject of the law of trusts. It is a key mainwork of the private client list and is frequently cited in court.

Lewin provides you with the definitive guide to trust law and practice, covering the definition, classification and creation of trusts, trustees, beneficiaries, administration, breach of trust and remedies, and variation of trusts.

The essential of 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

Index :

1. Definition and Classification
2. Parties and Property for Express Trusts
3. Principal Methods of Constitution of Express Trusts
4. Requirements for Essential Validity of Express Trusts
5. Legality of Object of Trust
6. Interpretation Trust
7. Trust arising by Operation of Law Generally
8. Resulting and other Trusts Arising upon failure of Dispositions
9. Trusts arising in relation to the Acquisition of property
10. Creation of Trusts by Contract
11. Foreign elements
12. Becoming a Trustee
13. Death, Retirement and Removal of Trustees
14. Appointment of New Trustees out of Court
15. Appointment of New Trustees by the Court
16. Appointment of New Trustees in Place of Trustees Lacking Mental Capacity
17. Vesting Trust Property and Indemnity on Change of Trustee
18. Vesting and Similar Orders
19. Particular Trustees
20. Unauthorised Profits and Conflicts of Interest
21. Indemnity of Trustees
22. Trusts and Insolvency
23. Disclosure to persons Interested under the Trust
24. The Right to call for the Trust property
25. Capital and Income
26. Distribution from the Trust Fund
27. Court Proceedings Concerning Trusts and Treatment of their Costs
28. Hotchpot
29. Powers Generally
30. Powers of Appointment, Amendment and Like Powers
31. Powers of Maintenance
32. Powers of Advancement
33. Assignment of Equitable Interests and Priorities
34. Administrative Duties of Trustees
35. Investment by Trustees
36. Administrative Powers of Trustees
37. Trusts Affecting Land
38. Safeguarding Trust Property from Breach of Trust
39. Remedies against Trustees Personally
40. Remedies against Accessories
41. Proprietary Remedy and Tracing against Trustees and Third Parties
42. Personal Remedies against Recipients
43. Remedies against third Parties otherwise than in respect of Breach of Trust
44. Limitation of Actions
45. Lawful Departure from the Trusts
46. Trustees involved with criminal and terrorist property Index