The Irreducible Core of the Trust

The Irreducible Core of the Trust

Author: Daniel Clarry

Publisher: Hart Publishing

Published: 2021-03-11

Total Pages: 208

ISBN-13: 9781782257172

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Much ink has been spilt in attempts to describe the nature and structure of trusts in the common law tradition. However, far from developing a coherent and internally consistent understanding of trusts, such attempts have caused a deep schism to be formed between obligatory and proprietary theories of the trust.This has a polarising effect on the academic discourse and stifles the further, conceptual development of the law. This book gives a full account of the irreducible core of the trust by applying an analytical framework of fundamental legal conceptions and relations derived from the American theorist, Wesley N. Hohfeld. By setting aside the corpus of trusts law that is either 'default' (meaning that, in the absence of some contrary stipulation in the trust deed, the particular law would apply) or is left to the subjective expression of a settlor in creating a trust. This leaves only the mandatory rules of trusts law. From this, it ought to be possible to redefine trusts by identifying the legal relations that must exist in every private express trust (collectively, 'the irreducible core of the trust') irrespective of contrary drafting in a trust instrument. In doing so, a skeleton of legal relations will be exposed to exist in all trusts, which are motivated by two correlated themes of accountability and enforceability.


Book Synopsis The Irreducible Core of the Trust by : Daniel Clarry

Download or read book The Irreducible Core of the Trust written by Daniel Clarry and published by Hart Publishing. This book was released on 2021-03-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much ink has been spilt in attempts to describe the nature and structure of trusts in the common law tradition. However, far from developing a coherent and internally consistent understanding of trusts, such attempts have caused a deep schism to be formed between obligatory and proprietary theories of the trust.This has a polarising effect on the academic discourse and stifles the further, conceptual development of the law. This book gives a full account of the irreducible core of the trust by applying an analytical framework of fundamental legal conceptions and relations derived from the American theorist, Wesley N. Hohfeld. By setting aside the corpus of trusts law that is either 'default' (meaning that, in the absence of some contrary stipulation in the trust deed, the particular law would apply) or is left to the subjective expression of a settlor in creating a trust. This leaves only the mandatory rules of trusts law. From this, it ought to be possible to redefine trusts by identifying the legal relations that must exist in every private express trust (collectively, 'the irreducible core of the trust') irrespective of contrary drafting in a trust instrument. In doing so, a skeleton of legal relations will be exposed to exist in all trusts, which are motivated by two correlated themes of accountability and enforceability.

Trust-owned Companies and the Irreducible Core of the Trust

Trust-owned Companies and the Irreducible Core of the Trust

Author: Jason Fee

Publisher:

Published: 2020

Total Pages:

ISBN-13:

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The recent Hong Kong Court of Final Appeal case of Zhang Hong Li v DBS Bank (Hong Kong) Ltd upheld the effectiveness of anti-Bartlett clauses. This gives rise to the question whether a trust-corporate structure, coupled with a well-drafted anti-Bartlett clause, leaves any room for trust obligations. Through the lens of the law on trust-owned companies, this article thus seeks to re-conceptualize the 'irreducible core of trust obligations'. It argues that the irreducible core means the minimum duties which are necessary to preserve the integrity of the trust concept. It draws a distinction between core and mandatory duties, in that the 'bells and whistles' one adds in specific contexts may be mandatory duties reflecting appropriate policies, instead of core duties necessary for a trust to exist. It accordingly considers the proper content of the irreducible core, as distinguished from other mandatory duties.


Book Synopsis Trust-owned Companies and the Irreducible Core of the Trust by : Jason Fee

Download or read book Trust-owned Companies and the Irreducible Core of the Trust written by Jason Fee and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent Hong Kong Court of Final Appeal case of Zhang Hong Li v DBS Bank (Hong Kong) Ltd upheld the effectiveness of anti-Bartlett clauses. This gives rise to the question whether a trust-corporate structure, coupled with a well-drafted anti-Bartlett clause, leaves any room for trust obligations. Through the lens of the law on trust-owned companies, this article thus seeks to re-conceptualize the 'irreducible core of trust obligations'. It argues that the irreducible core means the minimum duties which are necessary to preserve the integrity of the trust concept. It draws a distinction between core and mandatory duties, in that the 'bells and whistles' one adds in specific contexts may be mandatory duties reflecting appropriate policies, instead of core duties necessary for a trust to exist. It accordingly considers the proper content of the irreducible core, as distinguished from other mandatory duties.

Trends in Contemporary Trust Law

Trends in Contemporary Trust Law

Author: A. J. Oakley

Publisher: Oxford University Press

Published: 1996

Total Pages: 390

ISBN-13: 9780198262862

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Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.


Book Synopsis Trends in Contemporary Trust Law by : A. J. Oakley

Download or read book Trends in Contemporary Trust Law written by A. J. Oakley and published by Oxford University Press. This book was released on 1996 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.

Trusts and Modern Wealth Management

Trusts and Modern Wealth Management

Author: Richard C. Nolan

Publisher: Cambridge University Press

Published: 2018-05-31

Total Pages: 609

ISBN-13: 1107170494

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New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.


Book Synopsis Trusts and Modern Wealth Management by : Richard C. Nolan

Download or read book Trusts and Modern Wealth Management written by Richard C. Nolan and published by Cambridge University Press. This book was released on 2018-05-31 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.

The Worlds of the Trust

The Worlds of the Trust

Author: Lionel Smith

Publisher: Cambridge University Press

Published: 2013-08-22

Total Pages: 585

ISBN-13: 1107032431

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This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.


Book Synopsis The Worlds of the Trust by : Lionel Smith

Download or read book The Worlds of the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2013-08-22 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.

Competing Views on Illusory Trusts

Competing Views on Illusory Trusts

Author: Mark J. Bennett

Publisher:

Published: 2018

Total Pages: 0

ISBN-13:

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This article considers the concept of a trust that is 'illusory' - not in fact a trust - due to the settlor or trustee being provided with excessive powers of control or benefit by the trust deed. The New Zealand case Clayton v Clayton [2016] NZSC 29 and the earlier decisions are examined, in the context of the literature on settlor control and the irreducible core of the trust.


Book Synopsis Competing Views on Illusory Trusts by : Mark J. Bennett

Download or read book Competing Views on Illusory Trusts written by Mark J. Bennett and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article considers the concept of a trust that is 'illusory' - not in fact a trust - due to the settlor or trustee being provided with excessive powers of control or benefit by the trust deed. The New Zealand case Clayton v Clayton [2016] NZSC 29 and the earlier decisions are examined, in the context of the literature on settlor control and the irreducible core of the trust.

Trusts

Trusts

Author: Columbia Trust Company (New York, N.Y.)

Publisher:

Published: 1921

Total Pages: 24

ISBN-13:

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Book Synopsis Trusts by : Columbia Trust Company (New York, N.Y.)

Download or read book Trusts written by Columbia Trust Company (New York, N.Y.) and published by . This book was released on 1921 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Supervisory Jurisdiction Over Trust Administration

The Supervisory Jurisdiction Over Trust Administration

Author: Daniel Clarry

Publisher: Oxford University Press, USA

Published: 2018

Total Pages: 0

ISBN-13: 9780198813651

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Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's supervision and intervention in trust administration in the absenceof any wrongdoing and with a view to facilitating the ongoing performance of a trust.An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the on-going performance oftrusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition andunderscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. Recent developments in alternative dispute resolution in trust law, especially the arbitration of trust disputes, are also considered in a section focussing on remedies and trends in which theoperation of the essential principles of the supervisory jurisdiction over trust administration are also considered against the background of recent developments in trust law - namely, the principles upon which the court awards compensation for breach of trust and reviews trustee decision-making.As well as exploring the nature and scope of the Court's jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust


Book Synopsis The Supervisory Jurisdiction Over Trust Administration by : Daniel Clarry

Download or read book The Supervisory Jurisdiction Over Trust Administration written by Daniel Clarry and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's supervision and intervention in trust administration in the absenceof any wrongdoing and with a view to facilitating the ongoing performance of a trust.An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the on-going performance oftrusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition andunderscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. Recent developments in alternative dispute resolution in trust law, especially the arbitration of trust disputes, are also considered in a section focussing on remedies and trends in which theoperation of the essential principles of the supervisory jurisdiction over trust administration are also considered against the background of recent developments in trust law - namely, the principles upon which the court awards compensation for breach of trust and reviews trustee decision-making.As well as exploring the nature and scope of the Court's jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust

Arbitration of Trust Disputes

Arbitration of Trust Disputes

Author: Clover Alcolea, Lucas

Publisher: Edward Elgar Publishing

Published: 2022-05-06

Total Pages: 320

ISBN-13: 1802201327

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There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.


Book Synopsis Arbitration of Trust Disputes by : Clover Alcolea, Lucas

Download or read book Arbitration of Trust Disputes written by Clover Alcolea, Lucas and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.

Family Trusts

Family Trusts

Author: Hartley Goldstone

Publisher: John Wiley & Sons

Published: 2015-10-05

Total Pages: 324

ISBN-13: 1119118263

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An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.


Book Synopsis Family Trusts by : Hartley Goldstone

Download or read book Family Trusts written by Hartley Goldstone and published by John Wiley & Sons. This book was released on 2015-10-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.