Detailed Contents
Table of Statutory Instruments
Table of European and International Legislation
Guide to the Companion Website
1Equity: Its Meaning, History and Maxims
Our Civil Court System in the Twenty-First Century
Coming Full Circle — Back to the Twenty-First Century
Equity’s Guiding Principles — Its Maxims
2Classification of Trusts and Powers
What Type of Property Can Be Left on Trust?
The Background to Implied Trusts
4Trust Formation: Capacity and Formalities
The Fundamental Requirements Needed to Form an Express Trust
Formality Requirements on the Declaration of a Trust
Formality Requirements on the Disposition of an Equitable Interest
5Trust Formation: The Three Certainties
6Trust Formation: The Beneficiary Principle
Definition of the Beneficiary Principle
Exceptions to the Beneficiary Principle
Constituting the Trust and the Relationship with Creating a Trust
When is a Trust Completely Constituted?
How a Trust is Completely Constituted
8Trustees’ Appointment and Removal; Trustees’ Fiduciary Duties
The Trustee’s Fiduciary Duties
9Trustees’ Non-Fiduciary Duties and Powers
Fiduciary Duties, Non-Fiduciary Duties and Powers
Duty of Care and Skill Required of a Trustee
10Variation of a Trust and Setting a Trust Aside
Circumstances When a Trust Can Be Varied Today
11Secret Trusts, Half-Secret Trusts and Mutual Wills
Secret Trusts and Half-Secret Trusts
12Remedies for Breach of Trust Against Trustees
Monetary Remedies Available for Breach of Trust
Exclusion of Liability for Breach of Trust
Defences and Mitigating Circumstances for Breach of Trust
13Tracing and Actions Against Strangers to the Trust
Actions Against Strangers to the Trust
The Leading Case Today: Lloyds Bank v Rosset
Quantification of the Equitable Interest
First Requirement of Charitable Status: There Must Be a Charitable Purpose
Second Requirement of Charitable Status: There Must Be Public Benefit
Third Requirement of Charitable Status: The Objects Must Be Exclusively Charitable
Cy-près and General Charitable Intention
17Equitable Remedies and Proprietary Estoppel