Overview

This popular law school text and casebook has been substantially revised and updated. Building on the doctrinal work of the first edition while maintaining the authors' commitment to exploring the social and economic contexts in which the law of trusts operates, the second edition incorporates the feedback received from the many trust teachers surveyed last year. Specifically, it includes new work on trusts in a family law context, the taxation of trusts and beneficiaries, the use of trusts in succession planning, as well as completely rewritten chapters on express trusts, resulting trust, and constructive trusts. The Law of Trusts, 2nd Edition represents the work of twelve scholars from six Canadian law schools. It is fast becoming the leading teachers' learning resource for this important law school course. The author team is a veritable Who's Who of Canadian teachers with many areas of expertise reflecting the broad scope of the book. Their contributions make this casebook an ideal learning resource for both introductory and advanced trust courses.

TopFeatures

This new casebook:

• Traces the development of resulting and constructive trusts to reflect the evolution of the uniquely Canadian approach.
• Clearly and easily situates trusts in context, enabling students to better understand how and why trusts work in the political, economic and social context.
• Explores how trusts allow for the creation of different interests in property and the imposition of conditions on one's enjoyment of trust property.

New to this edition:

• The casebook is completely updated, expanded, and largely rewritten.
• New chapters on trusts in relation to: family law, trusts and public policy.
• An introduction to the taxation of trusts and beneficiaries which is accessible to students and those who want to obtain an overview.
• The use of trusts in succession planning including partner trusts, alter ego trusts, and disability trusts.

TopContent Summary

Part I: Introduction

• Introduction
• Taxation of Trusts
• History and Development of Equity

Part II: The Express Trust

• The Express Trust
• Purpose Trusts
• Administration of Trusts
• Trusts Compared to Other Relationships

Part III: Trusts Arising from Operation of Law

• Resulting Trusts
• Constructive Trusts

Part IV: Trust Remedies

• Remedies

Part V: Modern Uses of Trusts

• An Introduction to Trusts and the Environment
• Trusts in Corporate and Commercial Law
• Trusts in the Family Law Context
• Practical Uses of Trusts in Succession Planning

Part VI: Fiduciary Obligations
• Fiduciary Obligations
• Fiduciary Obligations and Aboriginal People