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Private Express Trust: A Comprehensive Guide for Americans
Introduction:
Are you considering protecting your assets, planning for the future, or perhaps seeking a sophisticated wealth management strategy? Then understanding private express trusts may be crucial. This comprehensive guide delves into the intricacies of private express trusts in the United States, unraveling the complexities and illuminating their potential benefits and drawbacks. We'll explore their creation, administration, tax implications, and various applications, empowering you with the knowledge to make informed decisions about your financial future. This article will equip you with a clear understanding of what a private express trust is, how it works, and whether it’s the right choice for your unique circumstances.
What is a Private Express Trust?
A private express trust is a legal arrangement where one party (the trustor or settlor) transfers ownership of assets to another party (the trustee) to manage and hold those assets for the benefit of a third party (the beneficiary). The key characteristic is that it's "express," meaning it's intentionally created through a written agreement, clearly outlining the trust's terms and conditions. Unlike other trusts, which may arise implicitly or by operation of law, a private express trust requires a deliberate act of creation. The trustor has significant control over the terms of the trust, specifying how and when the assets should be distributed to the beneficiaries. This allows for a high degree of customization tailored to specific needs and goals. For instance, you might establish a trust to provide for your children's education, safeguard assets from creditors, or minimize estate taxes.
Types of Private Express Trusts
Several types of private express trusts exist, each designed to serve different purposes:
Revocable Trusts: The trustor retains the power to amend or revoke the trust during their lifetime. This provides flexibility but may not offer the same level of asset protection as an irrevocable trust.
Irrevocable Trusts: Once established, these trusts cannot be changed or revoked by the trustor. This permanence offers stronger asset protection and may offer tax advantages, but reduces the trustor's control over the assets.
Living Trusts (Inter Vivos Trusts): Created during the trustor's lifetime, these trusts become effective immediately. They can be either revocable or irrevocable.
Testamentary Trusts: These trusts are established through a will and only take effect upon the trustor's death. They're often used to manage inheritance for beneficiaries.
Spendthrift Trusts: Designed to protect the beneficiary's assets from creditors and their own poor financial management, restricting access to the funds.
Creating a Private Express Trust: Key Considerations
Establishing a private express trust involves several crucial steps:
1. Defining the Trust's Purpose: Clearly articulating the goals of the trust is paramount. What are you trying to achieve with this arrangement? Asset protection? Estate planning? Charitable giving? The clarity of your purpose will shape the trust's structure and terms.
2. Identifying the Parties: Selecting the appropriate trustee and beneficiaries is essential. The trustee needs to be a responsible and reliable individual or institution capable of managing the trust's assets. Carefully consider the beneficiaries and their needs.
3. Drafting the Trust Document: This is arguably the most crucial step. The trust document, often prepared by an attorney specializing in estate planning, should comprehensively define the trust's terms, including the nature of the assets, distribution schedules, and any specific instructions for the trustee. Any ambiguities can lead to costly legal disputes.
4. Funding the Trust: Once the trust document is executed, the trustor must transfer the assets to the trustee, formally establishing the trust's corpus (the assets held in trust).
5. Ongoing Administration: The trustee is responsible for managing the trust's assets, investing prudently, and making distributions to the beneficiaries according to the trust's terms. Regular accounting and reporting are necessary.
Tax Implications of Private Express Trusts
The tax implications of a private express trust can be complex and vary significantly depending on the trust's structure and the applicable state and federal laws. Generally, trusts are considered separate tax entities and are subject to their own tax rates. Careful planning is necessary to minimize tax liabilities associated with the trust. Consult with a tax professional for personalized advice.
Benefits and Drawbacks of Private Express Trusts
Benefits:
Asset Protection: Shield assets from creditors, lawsuits, and potentially even divorce proceedings (depending on the trust structure).
Estate Planning: Facilitates efficient and tax-advantaged transfer of wealth to heirs.
Tax Advantages: Depending on the type of trust, potential for reducing estate and income taxes.
Control and Flexibility: Allows for tailored arrangements to meet specific needs and goals.
Beneficiary Protection: Safeguard assets for beneficiaries who may lack financial experience or judgment.
Drawbacks:
Cost and Complexity: Establishing and administering a trust can be expensive, requiring legal and potentially financial professional fees.
Loss of Control: Irrevocable trusts permanently relinquish control over the assets to the trustee.
Administrative Burden: Ongoing administrative responsibilities for the trustee.
Potential for Disputes: Ambiguities in the trust document can lead to legal challenges.
Case Study: The Miller Family Trust
The Miller family, anticipating future generations, established a private express irrevocable trust to manage their substantial family business. The trust stipulated that the business be professionally managed by an independent trustee, with dividends distributed to family members according to a carefully designed schedule, aimed at fostering financial responsibility while preserving the family's legacy. This structure provided asset protection, minimized estate taxes, and ensured the long-term viability of their family business.
Conclusion: Making Informed Decisions
Private express trusts are powerful tools for asset protection, estate planning, and wealth management. However, their complexity necessitates careful consideration and professional guidance. Understanding the different types of trusts, the associated costs and benefits, and the potential tax implications are crucial for making informed decisions. Consult with an estate planning attorney and financial advisor before establishing a private express trust to ensure it aligns with your specific financial goals and circumstances.
Ebook Outline: Understanding Private Express Trusts
Author: Jane Doe, Esq.
Introduction: Defining Private Express Trusts and their Importance
Chapter 1: Types of Private Express Trusts (Revocable, Irrevocable, Living, Testamentary, Spendthrift)
Chapter 2: Creating a Private Express Trust: A Step-by-Step Guide
Chapter 3: Tax Implications and Estate Planning Strategies
Chapter 4: Case Studies: Real-World Applications of Private Express Trusts
Chapter 5: Benefits and Drawbacks: Weighing the Pros and Cons
Chapter 6: Choosing the Right Trustee: Qualities and Responsibilities
Chapter 7: Avoiding Common Mistakes: Pitfalls to Avoid
Chapter 8: Legal and Regulatory Considerations
Conclusion: Planning for the Future with Private Express Trusts
(Each chapter would then be expanded upon, mirroring the content already provided in the main article, with more detailed explanations, examples, and legal nuances.)
FAQs:
1. What is the difference between a revocable and an irrevocable trust? A revocable trust can be modified or terminated by the grantor, while an irrevocable trust cannot.
2. Do I need a lawyer to set up a private express trust? While not strictly required, it's highly recommended to consult with an estate planning attorney to ensure the trust is properly drafted and legally sound.
3. What are the tax implications of a private express trust? Tax implications vary significantly depending on the type of trust and its terms. Consult with a tax professional for personalized advice.
4. Can a private express trust protect assets from creditors? Yes, depending on the trust's structure, it can offer significant asset protection.
5. How is a private express trust administered? The trustee is responsible for managing the trust's assets and making distributions to the beneficiaries according to the trust's terms.
6. What happens to a trust after the grantor's death? This depends on whether it's a revocable or irrevocable trust and its specific terms.
7. Can I use a private express trust for charitable giving? Yes, charitable trusts are a type of private express trust designed for philanthropic purposes.
8. What are the costs associated with establishing and administering a trust? Costs include legal fees, accounting fees, and potential trustee fees.
9. Can I change the beneficiaries of my trust after it's established? This depends on whether the trust is revocable or irrevocable.
Related Articles:
1. Revocable Living Trusts vs. Irrevocable Trusts: A comparison of the two main types of living trusts and their benefits.
2. Asset Protection Trusts: A Shield Against Creditors: Focuses on the asset protection aspects of trusts.
3. Estate Planning with Trusts: Minimizing Estate Taxes: Explores the estate planning advantages of trusts.
4. Choosing the Right Trustee for Your Trust: Provides guidance on selecting a suitable trustee.
5. Understanding Trust Administration: Responsibilities and Duties: Details the administrative aspects of trusts.
6. Spendthrift Trusts: Protecting Beneficiaries from Themselves: Examines spendthrift trusts and their protective functions.
7. Charitable Trusts: Giving Back While Planning for the Future: Explores the use of trusts for charitable purposes.
8. Testamentary Trusts: Estate Planning After Death: Focuses on testamentary trusts and their role in estate planning.
9. Common Mistakes to Avoid When Setting Up a Trust: Highlights pitfalls to avoid when establishing a trust.
private express trust: The Principles of Equity & Trusts Graham Virgo, 2018 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts. |
private express trust: The Law of Trusts Browne C. Lewis, 2015-07-25 The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts. |
private express trust: Trusts and Equity Gary Watt, 2012-06-28 Gary Watt provides detailed and conceptual analysis of the complex area of trusts and equity. Emphasis on the modern commercial context and abundant cultural references, ensure students find Watt's approach a stimulating and inspiring read. |
private express trust: Trusts Law Graham Moffat, Gerard M. D. Bean, Rebecca Probert, 2009-09-03 This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas. |
private express trust: Complete Equity and Trusts Richard Clements, Ademola Abass, 2018 Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law |
private express trust: An Introduction to the Law of Trusts Simon Gardner, 2011-05-05 A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts. |
private express trust: A Student's Guide to Equity and Trusts Judith Bray, 2020-08-27 Brings Equity and Trusts to life for students of all abilities with clearly explained principles and simple, practical examples. |
private express trust: The Rule Against Perpetuities John Chipman Gray, 1886 |
private express trust: Moffat's Trusts Law Jonathan Garton, Graham Moffat, Gerard M. D. Bean, Rebecca Probert, 2015-08-13 Detailed, thorough and authoritative new edition of Moffat's Trusts Law. |
private express trust: The Law of Trusts , 1990 |
private express trust: Trusts and Modern Wealth Management Richard C. Nolan, Kelvin F. K. Low, Tang Hang Wu, 2018-05-31 New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management. |
private express trust: International Taxation of Trust Income Mark Brabazon, 2022-06-30 In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty. |
private express trust: Trust Taxation Emma Chamberlain, Chris Whitehouse, 2011 Trust Taxation covers the taxation of UK resident and non-resident trusts explaining in detail the income tax, capital gains tax and inheritance tax treatment of the various different types of trusts. The book covers the tax consequences of creating and ending a trust, as well as the tax issues to consider during the lifetime of each type of trust and on distributions to beneficiaries. Part 1 contains an overview of trust law including recent case law on Hastings Bass, the categorisation of foreign entities, the new domicile and residence proposals and case law on residence and domicile generally. It also summaries the tax rules for foreign domiciliaries. Parts 2 to 4 explain the relevant legislation in detail as it relates to trusts, including discussion of entrepreneurs' relief, rollover relief, reservation of benefit, excluded property and relevant property trusts. Part 5 deals with special situations, including the family home, chattels, employee benefit trusts, pilot trusts, bare trusts, disabled trusts, will drafting, variations, business property relief and agricultural property relief, divorce and trusts. |
private express trust: OECD Public Governance Reviews Trust and Public Policy How Better Governance Can Help Rebuild Public Trust OECD, 2017-03-27 This report examines the influence of trust on policy making and explores some of the steps governments can take to strengthen public trust. |
private express trust: Unlocking Equity and Trusts Mohamed Ramjohn, 2019-05-21 The extensively updated seventh edition of Unlocking Equity and Trusts will help you grasp the main concepts of Equity and Trusts with ease. Using straightforward language and explaining the law in a clear manner, it provides an excellent foundation for learning and revising. Each chapter in the book contains: Aims and objectives; Activities such as self-test questions; Charts of key facts to consolidate your knowledge; Diagrams to aid memory and understanding; Prominently displayed cases and judgements; Chapter summaries; Essay questions with answer plans; Glossary of legal terms. The Unlocking the Law series is designed specifically to make the law accessible to students coming to study a topic for the first time. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. |
private express trust: Philosophical Foundations of the Law of Express Trusts , 2023-11-30 The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them. |
private express trust: Privacy as Trust Ari Ezra Waldman, 2018-03-29 Proposes a new way of thinking about information privacy that leverages law to protect disclosures in contexts of trust. |
private express trust: Philosophical Foundations of the Law of Express Trusts , 2023-11-03 The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them. |
private express trust: Switzerland's Direct and International Taxation of Private Express Trusts Robert J. Danon, 2004 |
private express trust: A Fire Upon The Deep Vernor Vinge, 2010-04-01 Now with a new introduction for the Tor Essentials line, A Fire Upon the Deep is sure to bring a new generation of SF fans to Vinge's award-winning works. A Hugo Award-winning Novel! “Vinge is one of the best visionary writers of SF today.”-David Brin Thousands of years in the future, humanity is no longer alone in a universe where a mind's potential is determined by its location in space, from superintelligent entities in the Transcend, to the limited minds of the Unthinking Depths, where only simple creatures, and technology, can function. Nobody knows what strange force partitioned space into these regions of thought, but when the warring Straumli realm use an ancient Transcendent artifact as a weapon, they unwittingly unleash an awesome power that destroys thousands of worlds and enslaves all natural and artificial intelligence. Fleeing this galactic threat, Ravna crash lands on a strange world with a ship-hold full of cryogenically frozen children, the only survivors from a destroyed space-lab. They are taken captive by the Tines, an alien race with a harsh medieval culture, and used as pawns in a ruthless power struggle. Tor books by Vernor Vinge Zones of Thought Series A Fire Upon The Deep A Deepness In The Sky The Children of The Sky Realtime/Bobble Series The Peace War Marooned in Realtime Other Novels The Witling Tatja Grimm's World Rainbows End Collections Collected Stories of Vernor Vinge True Names At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied. |
private express trust: Strategic Use of Trusts in Tax and Estate Planning Caroline Rhéaume, 2018 |
private express trust: Trends in Contemporary Trust Law A. J. Oakley, 1996 Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K. |
private express trust: Ask a Manager Alison Green, 2018-05-01 From the creator of the popular website Ask a Manager and New York’s work-advice columnist comes a witty, practical guide to 200 difficult professional conversations—featuring all-new advice! There’s a reason Alison Green has been called “the Dear Abby of the work world.” Ten years as a workplace-advice columnist have taught her that people avoid awkward conversations in the office because they simply don’t know what to say. Thankfully, Green does—and in this incredibly helpful book, she tackles the tough discussions you may need to have during your career. You’ll learn what to say when • coworkers push their work on you—then take credit for it • you accidentally trash-talk someone in an email then hit “reply all” • you’re being micromanaged—or not being managed at all • you catch a colleague in a lie • your boss seems unhappy with your work • your cubemate’s loud speakerphone is making you homicidal • you got drunk at the holiday party Praise for Ask a Manager “A must-read for anyone who works . . . [Alison Green’s] advice boils down to the idea that you should be professional (even when others are not) and that communicating in a straightforward manner with candor and kindness will get you far, no matter where you work.”—Booklist (starred review) “The author’s friendly, warm, no-nonsense writing is a pleasure to read, and her advice can be widely applied to relationships in all areas of readers’ lives. Ideal for anyone new to the job market or new to management, or anyone hoping to improve their work experience.”—Library Journal (starred review) “I am a huge fan of Alison Green’s Ask a Manager column. This book is even better. It teaches us how to deal with many of the most vexing big and little problems in our workplaces—and to do so with grace, confidence, and a sense of humor.”—Robert Sutton, Stanford professor and author of The No Asshole Rule and The Asshole Survival Guide “Ask a Manager is the ultimate playbook for navigating the traditional workforce in a diplomatic but firm way.”—Erin Lowry, author of Broke Millennial: Stop Scraping By and Get Your Financial Life Together |
private express trust: Honesty, Accountability and Trust: Fostering Research Integrity in Canada The Expert Panel on Research Integrity, 2010 |
private express trust: Trust Law in Asian Civil Law Jurisdictions Lusina Ho, Rebecca Lee, 2013-07-11 The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large. |
private express trust: The Law of Trusts Mark R. Gillen, Faye Woodman, Jim Phillips, Philip Girard, Donn Short, C. David Freedman, Jeffrey Bruce Berryman, Darcy MacPherson, Mary Jane Mossman, Kent McNeil, Matthew P. Harrington, 2021 The fourth edition of The Law of Trusts: A Contextual Approach continues to provide a comprehensive overview of the various contexts in which trusts may be employed. The development of the law of express trusts and trusts by operation of law is reviewed, including analysis of the impact that this area of law has had on various aspects of Canadian jurisprudence and social policy. This new edition includes an updated chapter on fiduciary obligations and continues to look at important issues such as trusts in Quebec, the use of trusts in the environmental and commercial contexts, as well as the fiduciary obligations that the federal government owes to Indigenous peoples.-- |
private express trust: Rationalising Constructive Trusts Ying Khai Liew, 2017-09-21 Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts. |
private express trust: Waters' Law of Trusts in Canada D. W. M. Waters, Mark R. Gillen, Lionel D. Smith, 2021 |
private express trust: Trusts Law Graham Moffat, 2005-09-29 With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. 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. |
private express trust: Text, Cases and Materials on Equity and Trusts Mohamed Ramjohn, 2008-06-30 Text, Cases and Materials on Equity and Trusts has been considerably revised to broaden the focus of the text in line with most LLB core courses to encompass equity, remedies and injunctions and to take account of recent major statutory and case law developments. The new edition features increased pedagogical support to outline key points and principles and improve navigation; 'notes' to encourage students to reflect on areas of complexity or controversy; and self-test questions to consolidate learning at the end of each chapter. New to this edition: is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006 important case law developments such as Stack v Dowden (constructive trusts and family assets), Oxley v Hiscock (quantification of family assets), Barlow Clowes v Eurotrust (review of the test for dishonesty), Abou-Ramah v Abacha (dishonest assistance and change of position defence), AG for Zambia v Meer Care & Desai (review of the test for dishonesty), Horley Town Football Club (gifts to unincorporated association), Re Loftus (defences of limitation, estoppel and laches), Templeton Insurance v Penningtons Solicitors (Quistclose trust and damages) and many more are new chapters on the equitable remedies of specific performance, injunctions, rectification, rescission and account are extracts from the Law Commission’s Reports and consultation papers on ‘Sharing Homes’ and ‘Trustee Exemption Clauses’ as well as key academic literature and debates. The structure and style of previous editions have been retained, with an emphasis on introductory text and case extracts of sufficient length to allow students to develop analytical and critical skills in reading legal judgments. Substantial author commentary helps the text give the flow, coherence and direction of a textbook whilst providing the reader with a wide range of primary and secondary material from a variety of sources. A supporting Companion Website provides twice-annual updates to the cases and legislation discussed within the text; answers to the questions contained within the text, and sample essay questions. http://www.routledgecavendish.com/textbooks/9780415442947 |
private express trust: Radical Candor Kim Malone Scott, 2017-03-28 Radical Candor is the sweet spot between managers who are obnoxiously aggressive on the one side and ruinously empathetic on the other. It is about providing guidance, which involves a mix of praise as well as criticism, delivered to produce better results and help employees develop their skills and boundaries of success. Great bosses have a strong relationship with their employees, and Kim Scott Malone has identified three simple principles for building better relationships with your employees: make it personal, get stuff done, and understand why it matters. Radical Candor offers a guide to those bewildered or exhausted by management, written for bosses and those who manage bosses. Drawing on years of first-hand experience, and distilled clearly to give actionable lessons to the reader, Radical Candor shows how to be successful while retaining your integrity and humanity. Radical Candor is the perfect handbook for those who are looking to find meaning in their job and create an environment where people both love their work, their colleagues and are motivated to strive to ever greater success. |
private express trust: Pain Management and the Opioid Epidemic National Academies of Sciences, Engineering, and Medicine, Health and Medicine Division, Board on Health Sciences Policy, Committee on Pain Management and Regulatory Strategies to Address Prescription Opioid Abuse, 2017-09-28 Drug overdose, driven largely by overdose related to the use of opioids, is now the leading cause of unintentional injury death in the United States. The ongoing opioid crisis lies at the intersection of two public health challenges: reducing the burden of suffering from pain and containing the rising toll of the harms that can arise from the use of opioid medications. Chronic pain and opioid use disorder both represent complex human conditions affecting millions of Americans and causing untold disability and loss of function. In the context of the growing opioid problem, the U.S. Food and Drug Administration (FDA) launched an Opioids Action Plan in early 2016. As part of this plan, the FDA asked the National Academies of Sciences, Engineering, and Medicine to convene a committee to update the state of the science on pain research, care, and education and to identify actions the FDA and others can take to respond to the opioid epidemic, with a particular focus on informing FDA's development of a formal method for incorporating individual and societal considerations into its risk-benefit framework for opioid approval and monitoring. |
private express trust: Constructive and Resulting Trusts Charles Mitchell, 2010-03-03 Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives. |
private express trust: Indian Accent Manish Mehrotra, 2016 Indian Accent showcases inventive Indian cuisine by complementing the flavours and traditions of India with global ingredients and techniques. Chef Manish Mehrotra has designed the menu of Indian Accent. The original restaurant opened in 20098 ad The Manor, New Delhi, to significant acclaim for its path-breaking approach to contemporary Indian food. It moved to The Lodhi in 2017. Indian Accent, New Delhi, has won several awards and global recognition, including being the only restaurant from India on the World's 100 Best list since 2015. It is also part of the Time Magazine, 100 Great Destinations in the World. It opened in New York in 2016 and in London in 2017 to critical and popular acclaim. -- Front flap. |
private express trust: Elements of Quebec Civil Law Louise Bélanger-Hardy, Aline Grenon, 2008 |
private express trust: Equity and the Law of Trusts Philip Henry Pettit, 1979 |
private express trust: The Law of Trusts George T. Bogert, 1985-08 |
private express trust: Powell on Real Property Richard Roy Powell, Michael Allan Wolf, 2009 |
private express trust: A Guide to the Trusts of Land and Appointment of Trustees Act 1996 Judith-Anne MacKenzie, Andrew D. Walker, Peter Walton, 1998 This text is an in-depth analysis of what is considered by some as one of the most significant changes to the Law of Property Act since its inception. |
private express trust: Hold Me in Contempt , 2019 |