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Lewin on Trusts – 20th Edition, 1st Supplement

  • Authors: Lynton Tucker | Nicholas Le Poidevin KC | Master Brightwell

The First Supplement to the 20th Edition, prepared by the authors of this edition, comprehensively covers the many recent developments in the law of trusts which have occurred at home and abroad. New coverage includes:

  • Principles concerning indemnity of trustees and former trustees, particularly in relation to ‘insolvent’ trusts
  • Developments concerning settlor control over trusts and reserved powers
  • Limitations on exercise of powers of amendment and other powers, having regard to the evolution of the established law on ‘fraud on the power’ into a set of principles formulated in Grand View Private Trust Co. Ltd v Wong (2022) concerning the purposes for which a trust is established
  • Rival views in offshore jurisdictions about the role of a protector in giving consent to the exercise of powers by trustees
  • Disclosure by trustees in litigation, including disclosure by them as third parties
  • The continuing developments in the law concerning knowing receipt and the proprietary remedy
  • What is left of the reflective loss principle in relation to trusts after the decision of the Supreme Court in Marex Financial Ltd v Sevilleja (2020)
  • The impact of implementation of Brexit on trusts, especially in the context of jurisdiction and data protection
  • Developments in regulation of trusts, including registration of overseas entities

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Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the appointment, removal and remuneration of trustees, beneficiaries and beneficial interests, powers, administration of the trust property, proceedings and remedies, and regulation of trusts.

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