Compare Fox J's and Lord Russell's analysis of the consequences of the power of accumulation with that of Viscount Dilhorne: Pearson v IRC [1979] 1 All ER 273 at 281 Fox]: The position as to the trustees' power of accumulation, ...
Lord Wilberforce then referred to passages in Lord Upjohn's speech extracted above at p 221. [Lord Upjohn's] reference to defeating 'the intention of donors completely' shows that what he is concerned with is to point to the contrast ...
Instead, Scarman LJ said that it was right to pay attention to the circumstances and the nature of the parties involved: '. . . we are dealing with simple people, unaware of the subtleties of equity, but understanding very well indeed ...
As sub-trusts show, the converse is also true: it is possible to have an equitable interest which is not a beneficial interest. The sub-trustee has an equitable interest in the trust property, but this is not a beneficial interest as he ...
Summarising the shift in how the courts interpret such expressions, Cotton lj stated: I have no hesitation in saying myself, that I think some of the older authorities went a great deal too far in holding that some particular words ...
This book is an ideal companion for both law undergraduate and GDL/CPE students. New to this Edition: - A new chapter on creating a trust
Cavendish lawcards are complete pocket sized guides to the key examinable areas of law.
This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
"This fifth edition retains its hallmark combination of a contextualised approach and a commercial focus.
A presentation of the law of trusts within the social and legal contexts in which trusts commonly appear and the functions they perform, this new edition takes account of all relevant judicial and legislative developments since the third ...
This text's underlying premise is that an investigation of the social and legal contexts in which trusts commonly appear and the functions which trusts perform within these contexts, is an...
"This fifth edition retains its hallmark combination of a contextualised approach and a commercial focus.