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The book provides analysis of the principal rules of trust law
which control the exercise of powers and discretions by trustees.
The primary focus is on the principle known as "the Rule in Re
Hastings-Bass", and this is considered alongside the doctrines of
fraud on a power and mistake. This is the first book-length
treatment focussed on this specific aspect of trust law, and in
particular the first on the Rule in Re Hastings-Bass, which is the
subject of much professional and academic interest especially
following consideration by the Supreme Court in Pitt v Holt and
Futter v Futter [2013] UKSC 26. Whilst considering Pitt and the
Rule in Re Hastings-Bass alongside mistake and fraud on a power,
the book also explains how these doctrines interact, and how the
law regulates trustee decision-making as a whole. It sets out
examples and considers extensive practical problems, allowing the
reader to understand not only the core trust law rules, but also
the broader consequences of those rules which arise in real cases.
This aspect of trust law is of great practical importance for
practitioners as it arises frequently in the context of trust
litigation, and in advising trustees and beneficiaries of their
rights and obligations. The newly settled state of the law after
Pitt will encourage reliance on the Re Hastings-Bass and mistake
rules by practitioners in challenges to trustees' conduct and
decisions. This book equips all involved with the key principles
and arguments in this area.
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