This book is an examination of the law of land registration in England and Wales in light of the Land Registration Act 2002, and it looks in particular at the way land registration is influenced by, and in turn influences, the evolution of land law as a whole. It is argued, for instance, that land registration is changing the nature of ownership. The book examines the legal problems that have arisen in connection with land registration and considers the effect of the 2002 statute. It draws extensively upon the law in other jurisdictions and considers possibilities for future development. This is a book which will be essential reading for students, their teachers, and practitioners who will have to grapple with the intricacies of the new Act when it comes into force.

This book centers on estate planning with code sections, regulations, court cases and experiences involved in estate planning. It was written over 5 years with excitement, pain, love and hate. It was designed for the regular person to understand because the Internal Revenue Code is not user-friendly, never was and never will be until Congress decides differently. While there are technical areas in this book, there is also an effort to explain those areas in everyday terms so the reader can easily get the point of estate planning. You must read the section on Being A Consultant - Absolutely Brutal!

The most complete and up-to-date estate-planning guide available...

Thoroughly revised and updated to reflect the latest tax codes, the third edition of How to Settle an Estate is the essential step-by-step guide to lead readers through the complex and daunting process of settling an estate. In clear and practical lay terms, authors Charles K. Plotnick, L.L.B., and Stephan R. Leimberg, J.D., both experts in estate planning, provide readers with invaluable advice, including:

THE ONLY GUIDE YOU'LL NEED TO WISELY MANAGE YOUR INHERITANCE AND MAKE IT GROW FOR FUTURE GENERATIONS...

You're not alone. Sixty million Americans stand to be on the receiving end of an inheritance in the coming years. Planning is crucial if you hope to preserve your windfall, save on taxes, and avoid family squabbles. In The Inheritor's Handbook, expert Dan Rottenberg offers a comprehensive guide through the inheritance process that gets to the heart of the complex issues, both financial and emotional, that beneficiaries face. He demonstrates how future heirs can discuss money and wills, choose advisers, manage investments, and much more. Using real-life examples, Rottenberg provides tested solutions to sensitive inheritance issues -- before the time of death, at the time of death, and years later. The Inheritor's Handbook is the only book you'll need to help you manage the difficulties, decisions, and opportunities that come with inheriting.

Second to none in critical legal information for enhancing the results of charitable fund-raisers in the new millennium

As the competition for gifts grows increasingly intense in the new millennium, managers and fund-raisers for charitable organizations must learn how to work with tax and business law to optimize their return. Written by the leading legal authority on the law regulating charitable fund-raising, this companion to the indispensable First Legal Answer Book for Fund-Raisers provides more accessible approaches to understanding federal and state laws and offers additional solutions to enhance an organization’s wealth and effectiveness. Bruce Hopkins clearly explains to fund-raisers the pertinent aspects of the law, enabling them to dramatically increase funding without legal missteps. He also thoroughly details the steps needed to solve the fund-raiser’s most pressing legal headaches, including the troublesome intermediate sanctions rules, property valuation issues, the gift substantiation rules, disclosure requirements, estate planning, the securities and antitrust laws, IRS audits, and much more.

This book provides critical answers to fund-raisers’ questions such as:

• How do the intermediate sanctions rules apply to fund-raisers?
• What are the rules as to property valuation?
• How do the gift substantiation and quid pro quo contributions rules work?
• What disclosure rules apply?
• What rules apply to auctions and other special events?
• What should the fund-raiser know about estate planning?
• How do the postal, securities, and antitrust laws apply?
• How does the IRS audit fund-raising?
• What are the major changes in the law since publication of The First Legal Answer Book for Fund-Raisers?

With its comprehensive coverage of the legal issues that charitable organizations engaging in fund-raising face, The Second Legal Answer Book for Fund-Raisers, combined with The First Legal Answer Book for Fund-Raisers, is a powerful resource–and first-choice reading that every fund-raiser must have.

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Equity & Trusts Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I am hugely impressed by this little textbook on the substance: it does a better and clearer job at explaining key issues than many of the core texts." - Dr Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham University "The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others." Carly Hatchard, law student, University of Bolton "This revision guide is excellent would certainly recommend it as a revision aid" - Claudia Carr, Principal Lecturer, Hertfordshire Law School, University of Hertfordshire "The Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it's a great series." Emma Wainwright, law student, Oxford Brookes University "A really good overview of the key themes, tensions, and debates encourages students to go that bit further to increase their chances of scoring better in the assessment." - Professor Nicola Glover-Thomas, Professor of Law, University of Manchester "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University <"Undoubtedly a good resource would certainly recommend it as additional material for modules assessed by examination." - Dr Ben Stanford, School of Law, Liverpool John Moores University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level" - Stephanie Lomas, law student, University of Central Lancashire Take it online: The 8th edition is available in paperback, or e-book and is supported by extensive online resources to take your learning further. Visit www.oup.com/lawrevision/ for expert revision and study advice, self-test questions and answers, flashcard key cases and glossary and outline answers to questions from the book.

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).

Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law

Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.

This casebook presents a deep comparative analysis of property law systems in Europe (i.e. the law of immovables, movables, and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles, and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems - French, German, Dutch, and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so, it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer, and destruction, along with security rights (such as mortgages, pledges, retention of title), as well as with harmonizing and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks series, this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonization or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground (so it was thought) could be found. However, economic integration - in particular, integration of financial markets and freedom of establishment - has led to the integration of particular areas of property law, such as mortgage law and enforceable security instruments (e.g. retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort, and unjustified enrichment to property law and to delve beneath its surface. This book reveals that today's property law systems are closer to one another than previously assumed, that common ground can be found, and that differences can be analyzed in a new light to enable comparison and further the development of property law in Europe. (Series: Ius Commune Casebooks for the Common Law of Europe)

At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives - historical, comparative, empirical, doctrinal and philosophical.

The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution - which is subject to major change-inducing pressures, such as the death of the dinosaurs - would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

Divided into two main parts, part one `Equity' outlines the history and development of equity as a body of law before delving into the application of the equitable remedies. Part two, `The Trust', examines the history and origin of the trust as an equitable remedy and charts its expansion. It examines the creation and validity of different types of trusts and their administration. In Principles of the Law of Equity and Trusts in Ireland the author draws on her experience in teaching this topic in both Ireland and England at undergraduate and post graduate levels to bring together a text which is intelligible and user friendly.

This book is intended to meet a range of different needs and to cater for different levels of knowledge about employee ownership. If you are considering making your company employee-owned or you are advising someone going through that process, and in either case are new to the topic, you can build up your knowledge levels from Chapter 1. Alternatively, the book can be used as a reference work if you have a particular question to answer.Some parts of the book will not be relevant to every reader. For example, several Chapters consider how employees can acquire shares personally: these will not be relevant to companies which intend their employee ownership only to be through an employee trust. The book is intended as practical guide rather than a highly detailed technical treatise. Its priority is to explain key issues in an accessible fashion and to raise awareness of where further exploration and advice may be important.

Equity in Practice consists of nine parts and 48 chapters. Part One of the book analyses the primary and secondary precepts of equity in a comprehensive and unique fashion. Part Two undertakes an in-depth study of the various equitable principles, doctrines and remedies and conditions, prerequisites and criteria for their application by the courts. Part Three identifies and analyses the conditions that must be shown to exist before the courts may apply the equitable principles of proprietary estoppel, promissory estoppel and estoppel by convention. Part Four presents the full array of injunctive relief, including mareva, interlocutory and mandatory interlocutory and springboard injunctions, that may be granted by the court of equity in appropriate circumstances. Part Five considers in depth the creation of express trusts, conditional trusts and charitable trusts observing the essential elements for their creation and also matters that may terminate such trusts. Part Six undertakes an extensive analysis of the role, duties, powers and liabilities of executors and trustees in the administration and distribution of trust estates. Part Seven provides a comprehensive discourse of trusts that may be imposed by the court equity in the form of resulting, secret and constructive trusts, and also equitable gifts and survivorship rights that may arise out of joint bank accounts. Part Eight considers fully the types of equitable actions that may be instituted concerning trusts and the equitable principles and doctrines, ex parte and notice of motion applications, summary judgments or leave to defend, actions based on the equitable principle of account taken and lites pendentes. Part Nine, the final part of the book, formulates a concept of equity, suggests how equity may be revitalised by imposing an equitable duty on persons to behave in a conscionable manner when transacting or interacting with others, and considers the relationship between equity and natural law.