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Commonwealth Caribbean Law of Trusts : Third edition.
The law of trusts is a subject of growing importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, constructive trusts and charitable trusts, are now fully incorporated into the mainstream legal system, whilst newer types of trust, such as investment trusts and pensi...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Hoboken :
Taylor and Francis,
2014.
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| Edición: | 3rd ed. |
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Half Title; Title Page; Copyright Page; Table of Contents; Foreword; Preface; Table of Cases; Table of Statutes; 1 Development and Nature of Trusts; The Use; The Statute of Uses 1535; Reception in the Caribbean; Definition of Trusts; Nature of Trusts; Trusts Distinguished from Other Legal Relationships; Trusts distinguished from bailment; Trusts distinguished from agency; Trusts distinguished from contract; Trusts distinguished from debt; Co-existence of debt and trust; Trusts distinguished from powers; Trusts distinguished from administration of estates.
- 2 Formalities for the Creation of TrustsTrusts of Land; Property Act 1979, Cap 236, s 60(2) (Barbados); Dispositions of Existing Equitable Interests; By Property Act 1979, s 60(3) (Barbados); Direct assignment of equitable interest; Direction to trustees to hold upon trust for another; Conveyance of legal estate by nominee; Declaration of trust with consent of beneficial owner; Declaration by equitable owner of himself as trustee; Oral contract to assign equitable interest; Other cases; Exclusions; Testamentary Trusts; Equity Will Not Allow a Statute to Be Used as an Instrument of Fraud.
- The doctrine of part performanceThe rule in Rochefoucauld v Boustead; 3 The Three Certainties; Certainty of Words (or Intention); Certainty of Subject Matter; Certainty of Objects; Conceptual (Linguistic or Semantic) Uncertainty and Evidential Difficulty; Administrative unworkability and capriciousness; Application of the McPhail test; 4 Constitution of Trusts; Transfer of Legal Title to Trustees; Settlor or donor doing everything within his power to transfer; Where settlor or donor is equitable owner; Declaration of self as trustee; Covenants to settle.
- Exceptions to the Maxims 'Equity Will Not Assist A Volunteer' and 'Equity Will Not Perfect an Imperfect Gift'Donatio mortis causa; The rule in Strong v Bird; Proprietary estoppel; 5 Secret Trusts and Mutual Wills; Secret Trusts; Communication and acceptance; Obligation to hold secret trustee's own property upon trust; Obligation to dispose of property by will; Bequests to joint tenants and tenants in common; Communication of half secret trusts; Increase in legacy; Secret trusts operate outside the will; Can a secret trustee claim a benefit under the will?
- Are secret trusts express or constructive?Mutual Wills; Necessity for agreement; Contractual remedies; Imposition of a trust; When does the trust arise?; What property is subject to the trust?; 6 Resulting Trusts; Automatic Resulting Trusts; Failure of express trust; Surplus remaining after private trust has been carried out; Dissolution of unincorporated associations; Distribution of surplus among beneficiaries; Pension scheme surpluses; Presumed Resulting Trusts; Voluntary conveyance; Purchase in the name of another; Rebutting the presumption of resulting trust; 7 Constructive Trusts.