Written by an experienced practitioner, this book deals specifically with the variation of trusts from a UK and an international perspective. The book covers all the circumstances in which the terms of a trust can be varied, and the different methods: by use of the powers in the trust instrument; by voluntary act of the beneficiaries; or by the court. The new edition has been fully updated to include coverage of pension schemes and charities.
New material includes:
# New legislation includes Perpetuities and Accumulations Act 2009 and Finance Act 2006
# New part on mistake including sections on Hastings Bass, Gibbon v Mitchell, Rectification, Formal invalidity and Turner v Turner
# New chapter on Trustee Act 1925, s 57 including discussion on dividing line with varying trusts (e.g. powers of appropriation)
# Chapter on mental capacity issues (including Mental Capacity Act 2005)
# Chapter on statutory jurisdiction under Matrimonial Causes Act
# Chapter on amendment of occupational pension schemes
# Chapter on entrenched provisions
# Chapter on comparative law – in particular comparison of offshore equivalents of Trustee Act 1925, s 57/ Variation of Trusts Act 1958
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