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 text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.

Are you among the 50 percent of American adults who do not yet have a will? For many of us, busy day-to-day lives often result in putting the crucial process of estate planning precariously on the back burner. In fact, if you don't have a clear, considered plan, government treasurers and probate attorneys may just have the ultimate say on your estate. Estate Planning: A Plain English Guide to Wills and Trusts is attorney Clint W. Smith's easy-to-read, invaluable book that will demystify the confusing legal issues and dispel the common misunderstandings that can have serious repercussions for anyone with a net worth of over $50,000. Establishing a well-considered estate plan now can save you or your loved ones considerable costs, months of time, and even relationships. While many individuals believe that wills are the most beneficial way in which to handle estates, the author introduces the option of revocable living trusts as a potential alternative to wills. While wills by their nature result in time-consuming probate, public disclosure, estate tax, and attorney fees, Smith explains that revocable living trusts can provide you with a way to minimize taxes, provide flexibility, help navigate the realities of a living will, and solve the problems inherent to joint tenancy, right of survivorship, and community property. Estate Planning: A Plain English Guide to Wills and Trusts also clears up common misconceptions about wills, offers answers to specific questions about trusts, and offers a step-by-step guide to plan your own revocable living trust. This informative, essential book will teach you the questions you need to ask, and motivate you to act immediately. Accessible and illuminating, Estate Planning will ensure that you are empowered to do a better job of it than the state, and that you leave behind a fitting legacy for your loved ones.

The book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.