This work details the process for the appointment of the estate trustee with a will, and at what stages the will can be attacked. The substantive grounds for challenging the will's validity are covered including undue influence, fraud, lack of testamentary capacity, suspicious circumstances, and improper execution of the testamentary document.
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.
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.