Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

This major new contribution to the literature on charity law is the result of collaboration between an expert academic and a leading practitioner in the field. The combination of their different skills and experience produces an in-depth analysis of the law that is informed both by detailed scholarship and an understanding of how charity law really operates in practice today. It incorporates analysis of the likely effects of the Human Rights Act 1998 and of the important changes made by The Finance Act 2000 and The Trustee Act 2000.

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.

The 7th edition of Understanding Equity and Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts. www.routledge.com/cw/revision

Key Facts Key Cases: Equity & Trusts will ensure you grasp the main concepts of your Equity & Trusts module with ease. This book explains the facts and associated case law for: * The nature of a trust, the creation of express private trusts and purpose trusts * Constitution of trusts * Types of trust: secret, protective and discretionary, resulting and constructive and charitable * Trusteeship and the powers and duties of trustees * Varying trusts * Breach of trust and available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: * diagrams at the start of chapters to summarise key points * structured headings and numbered points to allow for clear recall of the essential points * charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. * Essential and leading cases are explained * The style, layout and explanations are user friendly * Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

This is a traditionally organized Trusts and Estates casebook that draws its materials exclusively from the case law and statutes of Wisconsin. The materials consist of judicial opinions from the Wisconsin Supreme Court, lower state courts, and federal courts operating in Wisconsin, as well as substantial materials taken from the current Wisconsin Statutes pertaining to probate, wills and intestacy, marital property, will substitutes, trusts, and fiduciary duties. A limited number of notes highlight the areas in which Wisconsin law departs from the national norm. As a consequence of the state specific focus of the text and the fact that cases are drawn from across the span of Wisconsin's history, it is possible to see the way in which the law of wills and trusts (and professional responsibility) has responded to changing social circumstances and evolving patterns of wealth distribution. About the author: Prof. J. Gordon Hylton, is a graduate of Oberlin College and the University of Virginia Law School, and holds a PhD in the History of American Civilization from Harvard University. He has taught at the Marquette University Law School since 1998, and has also taught at Chicago-Kent College of Law and as a visiting professor at Washington University, Washington and Lee, and the University of Virginia. He is the co-author of two Property Law Casebooks, Property Law and the Public Interest (Lexis/Nexis, 3rd ed. 2007) and A Concise Introduction to Property Law (Lexis/Nexis 2011). He is a former member of the Wisconsin Supreme Court's Committee on Wisconsin Legal History and a member of the American Society for Legal History.

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal-agent relationship between the PE investors and the fund manager, and the other is the principal-agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.

A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law.
Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading.
Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider's review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a 'warts and all' analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.

Text, Cases and Materials on Equity and Trusts has been considerably revised to broaden the focus of the text in line with most LLB core courses to encompass equity, remedies and injunctions and to take account of recent major statutory and case law developments. The new edition features increased pedagogical support to outline key points and principles and improve navigation; 'notes' to encourage students to reflect on areas of complexity or controversy; and self-test questions to consolidate learning at the end of each chapter. New to this edition: is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006 important case law developments such as Stack v Dowden (constructive trusts and family assets), Oxley v Hiscock (quantification of family assets), Barlow Clowes v Eurotrust (review of the test for dishonesty), Abou-Ramah v Abacha (dishonest assistance and change of position defence), AG for Zambia v Meer Care & Desai (review of the test for dishonesty), Horley Town Football Club (gifts to unincorporated association), Re Loftus (defences of limitation, estoppel and laches), Templeton Insurance v Penningtons Solicitors (Quistclose trust and damages) and many more are new chapters on the equitable remedies of specific performance, injunctions, rectification, rescission and account are extracts from the Law Commission's Reports and consultation papers on 'Sharing Homes' and 'Trustee Exemption Clauses' as well as key academic literature and debates. The structure and style of previous editions have been retained, with an emphasis on introductory text and case extracts of sufficient length to allow students to develop analytical and critical skills in reading legal judgments. Substantial author commentary helps the text give the flow, coherence and direction of a textbook whilst providing the reader with a wide range of primary and secondary material from a variety of sources. A supporting Companion Website provides twice-annual updates to the cases and legislation discussed within the text; answers to the questions contained within the text, and sample essay questions. http://www.routledgecavendish.com/textbooks/9780415442947

The term private equity typically includes investments in venture capital or growth investment, as well as late stage, mezzanine, turnaround (distressed) and buyout investments. It typically refers to the asset class of equity securities in companies that are not publicly traded on a stock exchange. However, private equity funds do in fact make investments in publicly held companies. Chapters in this book cover such public investments. The Handbook provides a comprehensive picture of the issues surrounding the structure, governance, and performance of private equity. It comprises contributions from 41 authors based in 14 different countries. The book is organized into eight parts, the first of which introduces the issues, explains the organization of the handbook and briefly summarizes the contributions made by the authors in each of the chapters. Part II covers the topics pertaining to the structure of private equity funds. Part III deals with the performance and governance of leveraged buyouts. Part IV analyzes club deals in private equity, otherwise referred to as syndicated investments with multiple investors per investees. Part V provides analyses of the real effects of private equity. Part VI considers the financial effects of private equity. Part VII provides analyzes of listed private equity. Finally, Part VIII provides international perspectives on private equity.

Discover practical tools and strategies for helping wealthy families retain and grow wealth In Top Practices Wealthy Families and Their Advisors, accomplished family wealth experts Tom McCullough and Keith Whitaker deliver a comprehensive collection of practical activities that members of wealthy families can undertake to ensure their continued success and development. The book contains over 50 chapters, each highlighting a practical tool, exercise, or activity that can be applied by advisors or family members themselves. Each chapter is written by a recognized expert in the field who has used the highlighted tool, exercise, or activity over many years with great success. The book shows readers how to: Identify the factors that matter the most when it comes to retaining and growing family wealth Plan thoughtfully, invest wisely, and raise the next generation Share their decision making prudently and carefully combine family and business Incorporate charitable giving into an overall wealth strategy and seek sound advice Perfect for family wealth advisors, financial planners, and private bankers, Top Practices for Wealthy Families and Their Advisors is also an indispensable resource for managers of family trusts seeking to protect and advise their clients.

Clear, straightforward explanations and easy-to-follow examples ensure students' understanding of what is often considered a complex and difficult subject. Lively, humorous writing style and focus on real people and real situations help to bring equity and trusts to life, challenging preconceptions and engaging even the most resistant of students Focus on areas of contemporary interest and rapid recent development such as the family home; charities law and commercial uses of trusts to help students to see how the law impacts on individuals and businesses every day. Shorter, punchier and more accessible to a broader range of students than Alastair Hudson's classic textbook, this is sure to appeal to today's time-pressured law student. New edition updated to include the latest developments in case law.

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. * Written by expert lecturers who understand your needs with examination requirements in mind * Covers key cases, legislation and principles clearly and concisely so you can recall information confidently * Contains easy to use diagrams, definition boxes and work points to help you understand difficult concepts * Provides self test opportunities throughout for you to check your understanding * Illustrates how to compile the ideal set of revision notes * Covers the essential modules of study for undergraduate llb and conversion-to-law GDL/CPE courses.

This book is about fiduciary law's influence on the financial economy's environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of 'nature's trust' to metaphorically signal how fiduciary responsibility should accommodate society's dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature's capital. We should expect everyone to act in nature's trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.

The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal-agent relationship between the PE investors and the fund manager, and the other is the principal-agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.

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.

More and more people are turning to human rights courts to seek protection against prejudice, disadvantage or exclusion on account of their cultural and economic particularities. Human rights courts are thus increasingly faced with the difficult task of deciding these cases, which raise a number of complex and contested legal questions. To what extent can courts accommodate cultural diversity, protect all kinds of groups or interfere in socio-economic policy? This book argues that one of the problems encountered in dealing with such cases is the courts' tendency to assess them from a 'compartmentalised' or fragmentary perspective. This line of reasoning isolates or places into 'boxes' the various interrelated components of the right holder's claim and the norms concerning the case to their detriment. This book critiques this reductionist approach that is out of touch with real life and which, moreover, tends to leave the roots of the alleged violations intact. To counterbalance this tendency, an innovative, integrated and person-centered approach to adjudicating claims of cultural difference and economic disadvantage is put forward. Drawing on the concepts of intersectionality, indivisibility and normative interdependence, the book presents specific notions and methods for approaching the appreciation of rights holders, harms and norms in a holistic manner. A wide selection of case law from both the European and the Inter-American courts of human rights supports the normative framework developed in this book. The sample mostly includes cases brought by Muslims, Roma, Travelers, indigenous peoples, afro-descendants and people living in poverty.Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View combines legal theory with practical insights in analysing both cultural an economic issues, which are rarely addressed together in human rights legal scholarship. It also offers a context-sensitive and relational view of human rights law that puts rights holders at the heart of the legal analysis, taking heed of the social structures within which legal frameworks operate. The book makes for compelling reading for students, academics and practitioners working in the fields of human rights law, jurisprudence, constitutional law, legal theory and feminist and cultural studies.