The Cyprus International Trust Law was originally enacted in 1992 and amended in 2012. It is a modern and flexible piece of legislation expressly addressing the needs of international families relying on Cyprus to arrange their wealth. At the same time, Cypriot resident families can apply the Trustee Law 1955, which is based on English law, to govern their trusts. Trust Laws in Cyprus reviews both of these laws and places them in an international context, pointing out the solutions available on the island for wealth management, estate planning and asset protection purposes. Authored by well-known experts in this field, chapters specifically analyse the relevance of Cyprus trusts where settlors wish to retain certain powers, arrange their succession in a more flexible manner than would be possible under forced heirship provisions, or protect heirloom assets from creditor claims. The book also covers the taxation of Cyprus trusts, both international and domestic, and the functioning of the UBO register of trusts under the 5th EU AML Directive. This title is the only systematic review of the Cyprus trust laws in English. It will be an invaluable reference work to help lawyers and other private client advisers structure their clients' wealth. It will also assist professional trustees involved in the administration of Cyprus trusts, and be useful for accountants and tax advisers in relation to the tax treatment of various types of Cyprus trusts.

You may not have had a say in how you entered this world, but you don't have to leave it that way. Provide your family peace of mind and make it easier on yourself. Will, Trust, & Power of Attorney Creator and Estate Records Organizer can help you create legal estate documents you actually understand. Here is your guide to ensuring your family will have a place to live, financial stability, and minor children are provided for. You'll discover how to: finalize your will, reduce potential family conflicts, express your wishes about who will get what property, select someone to raise minor children, create a trust to financially support minor children, reduce estate taxes, bypass probate court, authorize someone to act on your behalf regarding healthcare and financial matters if you become unable to make your own decisions, you become too sick to make your own decisions, organize important estate records, leave a final letter to your loved ones, understand the documents you create, and much more. Regardless of its value, your family will likely benefit from an estate plan. And you don't have to spend a fortune to get it done, either. All of the forms you will need are included in this guide. Sample Forms Include: Wills: Last Will and Testament (for single and married couples), Self-Proving Affidavits, and Living Will. Trusts: Single Person Living Trust, Shared Living Trust, and AB Living Trust (with and without Disclaimer Statement). Power of Attorney: Healthcare-Durable Power of Attorney, Financial-Durable Power of Attorney, and Minor Child Care-Limited Power of Attorney. The Legal Self-Help Guide series provides information to those who want to understand their legal rights and responsibilities in an effort to resolve legal problems or know enough to feel confident in their decision to retain legal counsel. This Guide provides plain-English explanations as an alternative to the legal jargon that fills legal books. Express Your Rights. At Peerless Legal we believe the law is only useful when people have the tools they need to understand their rights. Join us on our quest to make the law usable and accessible to anyone.

This work traces the history of the English Law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law has revolved.

A new, updated edition of the ultimate guide to trusts

Trusts are powerful and flexible financial planning tools, and this new edition of The Complete Book of Trusts covers everything you need to know to protect your hard-earned assets from taxes, creditors, and more. This updated Third Edition provides all the latest information on trusts, addressing recent changes due to economic growth and the Tax Relief Reconciliation Act of 2001 in such areas as transferring assets, distribution of income, gift and estate tax rules, and many others.

Along with in-depth examinations of sixty different types of trusts, this book also shows you how to:

• Set up a trust to manage assets in the event of disability or death
• Avoid probate
• Minimize or eliminate estate and other transfer taxes
• Financially protect loved ones
• And more

The Complete Book of Trusts, Third Edition is an invaluable resource for anyone with significant assets to protect.

`an original and groundbreaking source of international legal scholarship ... This thorough, scholarly treatise is bound to become a standard ... Highly recommended for graduate students and faculty.'

Choice `this work provides a vision for the future development of international law and institutions and ends with a challenge to both scholars and practitioners to take up the issue of fairness in the law actively.'

International Affairs `... a work of considerable scholarship and vitality ... Franck is challenging us to develop a new way of thinking about international law. I will have to read this book a second time, perhaps a third, to take in all that Franck offers, but that will be a pleasure not a burden.

The Cambridge Law Journal

The Law of Rescission is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. This is the leading work in the field. The revised third edition builds on the established format of the previous edition, fully updating case law and considering how developments, such as the introduction of machine generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. The Law of Recission has has been cited by courts in England and Wales, as well as Australia and Canada. Academics will also find this book of great interest when researching contracts, remedies, or restitution.

The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

In Scots law, the legal concept of the trust has a long history of development and, over that time, has come to take on a number of characteristics. Because of this, there is no single definition of a trust that covers every example of the trust relationship. That's where Trusts Law Essentialscomes in. This concise volume will quickly introduce you to the Scots law of trusts, from creating a trust and appointing trustees to conflicts on interest and the termination of trusts. It also looks at the different purposes of a trust and the particular issues surrounding charities and charitable trusts.
End-of-chapter summaries of essential facts and essential cases will help you to identify, understand and remember the key elements of trusts law in Scotland.

Trust law has grown and developed over recent years through the continued ingenuity of practitioners and the provision of innovative new trust laws by offshore jurisdictions. The wealth managed through the medium of trust law has also changed in recent years, as increasingly it has come from the newly rich of Asia. This brings distinctive issues to the fore: the role of settlors, family members and trusted advisors in trust administration; the position of trustees in relation to instructions coming from such persons; and an increased desire for confidentiality in trust administration and the settlement of trust disputes. This collection focuses on trusts which are deliberately created to manage wealth and the concomitant issues such trusts raise in other areas of law. Essays from leading members of the judiciary, practitioners and academics explore these developments and their implications for the users of trust law and for society in general.

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Now in its twelfth edition, Todd & Wilson's Textbook on Trusts & Equity continues to strike the balance between introductory and more challenging texts. Carefully written with the student in mind, the text provides an accessible, yet intellectually stimulating, introduction to the subject. Sarah Wilson excels at writing in a clear and enthusiastic way, enlightening the more complex issues of trusts law without undue simplifications. The book is structured to reflect the content of a typical LLB course, and offers in-depth coverage of trusts law. Students are encouraged to critically engage with the material through real-life examples, key scholarship and current contextual and theoretical perspectives, including related commercial settings. Todd & Wilson's Textbook on Trusts & Equity engages with wider considerations, drawn from trusts scholarship and beyond, to provide an analysis of the subject which is not only rounded, but also designed to be stimulating and revelatory. Rigorously revised every two years, this book can be relied upon as one of the most up-to-date trusts texts available.

The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories. Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Private foundations are now offered as an alternative to traditional trusts in a growing number of international financial centres and an increasing number of practitioners - in the relevant jurisdictions and elsewhere - are asked to advise clients who are thinking of protecting their wealth in this way. As more jurisdictions introduce legislation, there is a greater need for practitioners to have a clear understanding of the law underpinning the creation and running of foundations. Written by a leading expert, Private Foundations: Law and Practice is an invaluable resource for anyone advising on or involved in the establishment and maintenance of private foundations. Each chapter discusses a fundamental aspect of private foundation law, with reference throughout to the most significant civil and common law jurisdictions. The author discusses not only the creation and management of private foundations, but also looks carefully at the powers, rights, and liabilities of their founders, officers, and beneficiaries. Every topic is analysed with reference to the legislation and case law of a number of key civil law jurisdictions (Liechtenstein, Austria, Panama, and Malta) as well as to the developing law in selected common law jurisdictions (St Kitts, Bahamas, Anguilla, Belize, Jersey, Guernsey, the Isle of Man, the Seychelles, Mauritius, and the Cook Islands). Offering a rigourous and analytical review of the law relating to private foundations, this book is ideal for anyone involved in this developing area of wealth management.

This well-established and respected textbook has been relied upon by students and academic scholars for nearly 50 years. Praised for the clarity of the writing, the comprehensive scope of the content and the high level of critical analysis, Professor Philip Pettit builds on the strengths of the book to offer students a rigorous and yet readable account of equity and trusts law. The basic structure of the previous edition has not been substantially altered. The diagrams introduced in the 11th edition have been well received and have been retained, as has the glossary. There has been some rearrangement of matters within chapters which will, it is hoped, clarify the exposition. Online Resource Centre Three additional chapters can be accessed on the Online Resource Centre: Conversion and Reconversion; Satisfaction, Ademption and Performance; and The Equitable Doctrine and Election. Along with the chapters appearing in the 12th edition, these chapters have been updated to reflect changes in the field.

The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts.
Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centers are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centers is opening up new routes for international investment and tax mitigation.
This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction.
Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard.

It is an unfortunate feature of the common law conflicts landscape that, for all its sophistication, the relationship between the equitable principles of the forum and the forum's choice of law process remains unclear. This book examines this relationship from the perspective of English law, taking account of the impact of European law. What law applies when litigants invoke the principles of equity of the forum or analogous doctrines in foreign law? This book suggests that there is nothing inherent in the invocation of the forum's equitable jurisdiction or in the nature of equitable discourse that renders the application of the forum's equitable principles inevitable. It then considers whether a different methodology should be adopted for equitable doctrines, and concludes that this should not be the case. Thus, unless the issue involves the application of fundamental public policy, mandatory forum laws or the procedure of the forum, equitable doctrines of any country should be subject to the same choice of law analysis like other principles of substantive law. The book then analyses equitable doctrines within the traditional choice of law categories of property, contracts, torts and restitution in three steps: first, many equitable doctrines may be regarded as substantive and not procedural; secondly, property and obligations issues raised by equitable doctrines may be segregated; and thirdly, by considering the functions of the respective doctrines, equitable obligations may be analysed as contractual (or based on agreement), tortious (or based on wrongs) or restitutionary (or based on unjust enrichment).

This book offers practical guidance to lawyers and other professionals advising clients on property transactions and related matters in France including: buying, selling, and mortgaging land; the ownership of flats and leases; and the establishment of companies to own land. It covers all aspects of French inheritance law and provides lawyers qualified outside of France with practical advice on the administration of estates. A glossary and relevant legal precedents are also included.

Compiled in honour of Bernard Rudden, this is a book of essays in comparative law centering on the contribution which comparative analysis can make to the core subjects of private law, namely property and obligations. The essays are contributed by leading academics from all over the world, all of whom owe an intellectual debt to the honorand.

This highly acclaimed textbook combines the principles of the law of trusts with an explanation of the various and more complicated parts of the law. Renowned for its clarity, this new edition of Riddall: The Law of Trusts presents a full account of all major developments since the last edition, notably the Trustee Delegation Act 1999 and Trustee Act 2000. The impact of the Trustee Act 2000 is reflected in the changes to many chapters, in particular to those that deal with investment, the duties of trustees, trustees' remuneration, and the power to appoint agents.

This textbook is a comprehensive and accessible guide to Trusts Law and has been thoroughly updated to reflect recent developments in the area. The authors bring a unique combination of academic rigour and hands-on commercial experience to the explanation of their subject and it is these practical insights which make the book essential reading for all law students. Many law students struggle with the concept of Trusts Law and it can take time to properly understand the complex body of rules that surround it. This book will help demystify some of these rules and put Trusts Law into a practical context, allowing students the time to develop a deep and critical understanding of the topic. This book is an ideal companion for both law undergraduate and GDL/CPE students. New to this Edition: - A new chapter on creating a trust

This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.

International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts. The book combines academic rigour and analysis with a practical focus on trusts in the real world, including assets which modern settlors wish to envelop in a trust; liability concerns of trustees; and the governance, command, and control mechanisms which increasingly form the largest feature of trust creation. It also provides valuable background for trust law practitioners, whether they advise on trusts, draft trust documents, or litigate trust-related matters. The new edition has been fully revised and updated to address important developments in case law and legislation, including the UK Supreme Court decision on the "rule in Hastings-Bass" (Pitt and Futter cases), the Privy Council decision on 'reserved powers trusts' (TMSF), decisions on forced heirship issues in Jersey and Guernsey, decisions on 'asset protection trusts' in the US, the Trusts (Amendment N. 5) (Jersey) Law 2012 and Trusts (Amendment N. 6) (Jersey) Law 2013, Hong Kong's Trust Law (Amendment) Ordinance 2013, the Virgin Islands Special Trusts (Amendment) Act 2013 and Trustee (Amendment) Act 2013, Cyprus' International Trusts (Amendment) Law 2012 Cayman Islands, Trusts Law (2011 Revision), and amendments to the trusts law of New Zealand. It also offers new coverage of the retirement, removal, and appointment of trustees, with a special emphasis on trustee indemnity; and the recognition of trusts in non-trust jurisdictions (civil law jurisdictions, Eastern Europe, Islamic countries, and China).

This book compares trust and patrimony laws in England, Scotland, Quebec and the Netherlands. The volume explores the multiple ways in which the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block. The first comparative law book addressing the relation between trust and patrimony from a comparative and trans systemic perspective; It focuses on the private law of England, Scotland, Quebec and the Netherlands and includes both new and important previously published papers written by distinguished comparative law scholars.