The Supervisory Jurisdiction Over Trust Administration

By: Daniel Clarry

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Hardcover | 22 November 2018

At a Glance

Hardcover
352 Pages

Dimensions(cm)
24.41 x 16.99 x 2.06

Hardcover

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Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust. An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the on-going performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. The interaction between the supervisory jurisdiction over trust administration and the remedial jurisdiction of the Court to award equitable compensation for breach of trust and to review trustee decision-making are also considered in a section focussing on recent developments in remedies. As well as exploring the nature and scope of the Court's jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust

Industry Reviews

this book is a true gem, highlighting an area of trust law that has not been so highlighted before and from which we therefore all benefit, academic and practitioner alike. A highly recommended addition to the bookshelf of anyone serious about the study of the interaction of the court and the trustee. * Edward Buckland, Trusts & Trustees *
the book is a concise and worthy addition to any trusts library. It will be particularly useful for trust professionals dealing with the deeper questions that can arise in the course of referring administration questions to the court. * Steven Kempster, STEP Journal *
a tour de force of scholarship and insightful analysis ... the book offers a refreshingly modern perspective on a hitherto largely under-researched area of law which trust practitioners will find both thought-provoking and useful, particularly the commentaries on trust law, public law and private law. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chambers *
The book as a whole will deserve a place on the shelves of both practitioners and academics, and I have no hesitation in commending it. * The Rt Hon the Lord Walker of Gestingthorpe PC *

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