Wills, Trusts & Estates

Also available in print: KE787 G54 2014 LAW (Reserve).
The flexible nature of trusts results in its continued development, especially in the areas of resulting and constructive trusts. This new edition offers substantially revised chapters on both types of trust, as well as many more caselaw references.

The Law of Trusts provides a concise, yet academically rigorous, textbook that skillfully engages with both controversial and complex issues within the subject in a British context. James Penner offers perceptive analysis and original and thought-provoking commentary to give students an excellent grounding.

Traces the development of resulting and constructive trusts to reflect a uniquely Canadian approach. This casebook situates the law of trusts in context for its readers, and discusses specialized topics such as unjust enrichment, taxation, and succession planning.

It is meant to provide students, practitioners and teachers of the subject with a clear structure for understanding the basic law of trusts, while providing insight into the complexities of trust law.

The text analyzes the terms related to the common law trust, and some European trust-like mechanisms. The author explores the definition of trusts in different countries around the world, including Germany, Austria, France, Romania, Switzerland, Luxembourg, Canada, Georgia, and Russia. The focus of this text is to emphasize the problems of translation when it comes to trust and trust-like mechanisms.

Organized in a logical fashion, it gives readers a complete picture of the principles of trust law, enabling them to have an intuitive grasp of key concepts and doctrines.

The book examines the law of trusts in every jurisdiction of Canada, including the nature of trusts under common law and civil law, and some international jurisdictions such as the United States, where Canadian trust law is increasingly relevant in estate planning. It covers the creation and administration of express trusts; trust termination; conflict of laws, including the Hague Convention on the Recognition of Trusts; the variety of uses to which the trust is applied; and the law concerning remedial trusts (for example, resulting and constructive trusts), especially in matrimonial law.