Law of Trusts & Equitable Obligations 5e

Provides comprehensive coverage of the syllabi of the majority of degree courses on the law of equity and trusts Offers detailed analysis of all key decisions, statutes and current academic debate which will reassure students that they are understanding the key elements of the subject as well as keeping abreast of recent case law and developments A lively and stimulating writing style ensures students engage with this potentially difficult and complex subject area An extensive Online Resource Centre accompanies the book, with twice yearly updates, multiple choice questions and some innovative animations explaining complex topicsNew to this editionA distinct chapter, incorporating a new and revised treatment of trusts of the family home, considering the equitable mechanisms used to gain interests in the family home, and exploring the academic debates surrounding the area, particularly from the family law and property law perspectives. Revised introductory materials on the nature of equity and property, to emphasise the importance of proprietary and equitable concepts in understanding equity. Discusses fundamental changes brought about by the Charities Act 2006, including new Charity Commission guidance and the debates surrounding the issue of public benefit. Considers the continuing debate, both judicial and academic, in the allocation of property rights following Stack v Dowden Includes comprehensive updates of other areas of law, including major decisions on the liability of third parties to trusts New pedagogical features to aid accessibility to the text, including section maps to aid navigation of chapters, a glossary of terms and an expansion of diagrammatic aids A full suite of companion materials on a support website, including interactive support materials, multiple choice questionsThe Law of Trusts and Equitable Obligations provides students with a detailed and stimulating account of the law of equity and trusts. It offers comprehensive analysis of topics covered on equity and trusts modules on undergraduate law degrees. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens. The introductory section has been restructured to reflect changes in modern teaching of the subject and recent case law. A new chapter on Trusts of the Family Home has been added together with an revised and expanded chapter on charities. In addition to these substantive changes to content, the author has added a glossary of terms to aid understanding of key definitions and terminology. Written in a fresh and lively style and supported by a strong analytical framework, the fifth edition of the Law of Trusts & Equitable Obligations continues the tradition of previous editions by providing students with a relevant and exciting examination of the Law of equity and trusts.Readership: Second or third year students taking compulsory courses in equity and trusts as part of their LLB degree. Robert Pearce, formerly Vice Chancellor of the University of Wales, Lampeter and Deputy Vice Chancellor and Professor of the Law of Property and Equity at the University of Buckingham, John Stevens, formerly Senior Lecturer in law and Deputy Head of School at the University of Birmingham, and Warren Barr, Senior Lecturer, The Liverpool Law School, University of Liverpool Part I: Introductory 1: Equity and the law of property 2: Historical Introduction 3: Equitable Obligations: trusts and powers 4: Equity and the management of property 5: Equitable remedies in modern English law Part II:Creating the relationship 6: Substantive and formal requirements for the creation of express trusts 7: Secret trusts 8: Resulting trusts 9: Constructive trusts 10: Trusts of the family home 11: Mutual wills Part III: Allocation of Benefit 12: Introduction to allocation 13: Defined interests 14: Powers of advancement and maintenance 15: Powers of appointment and redistribution 16: Discretionary trusts 17: Variation of beneficial interests 18: Charities 19: Winding up funds Part IV: Asset Management 20: Holding trusts and nominee holdings 21: Management powers 22: Investment and reinvestment 23: Collective assets and investments 24: Delegation by trustees 25: Appointment, removal and retirement of trustees 26: Accountability of trustees Part V: Checks and Controls 27: Control of trusts and trustees 28: Remedies against the trustee for breach of trust 29: Fiduciary position of trustees 30: Remedies against strangers to the trust 31: Tracing