Trusts and Equity Book

Table of Cases

Table of Statutes

Table of Statutory Instruments

Table of Conventions and Treaties

Pt. I Introduction to Trusts and Equity

1 Foundations 3

Historical foundations

Conceptual foundations

Perspectives

Further reading

2 Trusts in context 33

The social and economic significance of the trust

The trust in the context of laws

International trusts

Further reading

Pt. II Creation and Recognition of Trusts

3 Trusts created expressly 77

The three certainties

Capacity to create a trust

Trusts established for private purposes

Donations to unincorporated associations

Last thoughts on the construction of dispositions

Further reading

4 Effective disposition of benefit: constitution of trusts 118

Reasons behind the requirement of constitution

Modes of constitution of trusts

The rule in Strong v. Bird

Gifts made in contemplation of death

Concluding remarks

Further reading

5 Ineffective disposition of benefit: resulting trusts 143

The established factual categories of resulting trust

The theory behind resulting trusts

Rebutting the presumption of a resulting trust

Resulting trusts of surplus benefits

The Quistclose trust

Pension fund surpluses

Further reading

6 Formality, perpetuity, and illegality: trust creation and public policy I 171

Formality

Perpetuity

Illegality

Further reading

7 Charity: trust creation and public policy II 209

Charitable trusts

Charitable purposes

Administration of charitable trusts

Cy-pres

Further reading

8 Constructive trusts and informal trusts of land 246

The nature of constructive trusts

The operation of constructive trusts

Categories ofconstructive trust

Informal trusts of land

Commonwealth jurisdictions

Proprietary estoppel

Further reading

Pt. III The Regulation of Trusts

9 Flexibility of benefit 297

Maintenance

Advancement

The Variation of Trusts Act 1958

Other modes of varying private trusts

Administrative variations

Further reading

10 The fiduciary duty 328

The strict rule of exemplary fiduciary propriety

The duty of good faith

Fiduciary relationships and fiduciary duties

The fiduciary duty to avoid conflicts of interest

The fiduciary duty to account for unauthorized profits

Trustee remuneration

Further reading

11 Fulfilling and filling the office of trustee 357

The significance of the trust instrument

The duty of care

The duty to exercise a sound discretion

The duty to act fairly

The duty of personal service

Filling the office of trustee

Fulfilling and filling the office of trustee

Further reading

12 Trustee investment 394

A matter of choice

A matter of time

The goals of trustee investment

Trustees' investment powers

Types of investment

Trustees' investment duties

Liability for improper investment by trustees

Ethical investment

Conclusion

Further reading

13 Breach of trust: the personal liability of trustees 429

Locus standi

Breach without liability

Liability for breach of trust

Defences

Relief

Further reading

Pt. IV Trusts and Third Parties

14 Tracing and recovering trust property 465

Remedies

Tracing

Further reading

15 The equitable personal liability of strangers to the trust 505

Strangers: who are they?

Policy and practice

The nature of liability

Trusteeship de son tort

Personal liability in equity for receipt

Equitable liability for assistance in a breach of trust

Further reading

Pt. V Equity

16 Equitable maxims, doctrines, and remedies 535

The maxims of equity

The equitable doctrines

Equitable remedies

Further reading

Index 571