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New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
List of contents
Introduction Richard C. Nolan, Tang Hang Wu and Kelvin F. K. Low; Part I: 1. The role of the courts today in the administration of trusts Launcelot Henderson; 2. 'Breaking bad': settlors' reserved powers Lusina Ho and Harold Hsiao-Wo Lee; 3. Trustees and third party powers Richard C. Nolan; 4. Trust arbitration clauses Matthew Conaglen; 5. Massively discretionary trusts Lionel Smith; 6. Trustees, fiduciaries and fetters David Pollard; Part II: 7. Derivative actions on behalf of the trust: Beddoe orders for beneficiaries Tang Hang Wu; 8. The entitlements of objects as defining features of discretionary trusts Peter G. Turner; 9. The beneficiary's performance interest in a trust: AIB v. Redler and the march of the compensatory principle James Penner; 10. Compensatory remedies for breach of trust Paul S. Davies; 11. Tapping into trust assets for redistribution upon divorce in England and Wales Simone Wong; 12. The vulnerability of trusts in divorce Rebecca Lee; Part III: 13. Mapping client sophistication: critical enquiry or unnecessary distraction? Christopher Hare and Travers Smith; 14. Misrepresentation and rescission Kelry Loi; 15. The alternative Australian Trusts Act (Cth) David Chaikin and Eve Brown; 16. Non-charitable purpose trusts: the missing right to forego enforcement Kelvin F. K. Low; 17. Trusts in civil law environments - can civil law jurisdictions such as Liechtenstein deal with core issues of trust law? Francesco A. Schurr; 18. High net worth trusts in the 21st Century: confiscatory taxes and duties? Tony Molloy, QC.
About the author
Richard C. Nolan is Anniversary Professor of Law at the University of York. He was previously Reader in Corporate and Trust Law at the University of Cambridge and a Fellow of St John's College, Cambridge.Kelvin F. K. Low is Professor-Elect of Law at City University of Hong Kong, having previously taught at National University of Singapore, University of Hong Kong, and Singapore Management University.Tang Hang Wu is a Professor and Director of the Centre for Cross-Border Commercial Law in Asia at the School of Law, Singapore Management University.
Summary
A key collection of essays exploring the often opaque worlds of trust law and practice and related issues of wealth management. Comprising new essays by leading judges, lawyers and academics, this book is a must-have for scholars and practitioners of trust law.