Will Trusts & Equitable Property Rights

Author: Dr Albert Keating

ISBN: 978-1-911611-08-0 

Format and Price: Hardback

Publication Date:  22 January 2019

Will Trusts and Equitable Property Rights, provides an in-depth and comprehensive coverage and analyses of the law relating to will trusts and equitable property rights, and is the third and final book completing the trilogy  of practitioner books on wills by the leading expert on this area, Dr Albert Keating. See also The Construction of Wills, Second Ed and The Law of Wills, Second Ed.

The twenty-seven chapters of the book present an incisive view of the following material relating to the subject matter of the book:

• The creation of trusts by wills by use of precedents

• The creation of family will trusts by use of precedents

• The creation of will trusts of land by use of precedents

• Discretionary will trusts by use of precedents

• The creation of charitable trusts by will

• The exercise of powers by will trust

• The modification of trusts in wills by equitable doctrines

• The appointment, duties, powers, removal and liability of executors and trustees

• The acquisition of equitable property rights by proprietary estoppel, promissory estoppel and remedial constructive trusts

• The creation of equitable property rights by secret trusts, donationes mortis causa, and pre-testamentary agreements to make mutual wills

• Contractual and equitable property rights arising out of joint bank accounts

• Actions relating to trusts and wills

• Constructive interpretation of words used by the testator in creating trusts in wills.

• Administration actions by beneficiaries

• Actions relating to equitable property rights

• Actions for breach of trust

• The principles, tests, criteria and sources of legal practice relating to will trusts and equitable property rights

Content includes

PART ONE: WILL TRUSTS

Chapter 1: The Creation of Trusts by Will

Chapter 2: Family Will Trusts

Chapter 3: Trusts of Land by Will

Chapter 4: Discretionary Will Trusts

Chapter 5: Charitable Will Trusts

Chapter 6:  Powers and Will Trusts

Chapter 7: The Modification of Trusts by Equitable Doctrines

Chapter 8: The Rule Against Double Portions

Chapter 9: Equitable and Statutory Advancements

PART TWO: EXECUTORS AND TRUSTEES OF WILL TRUSTS

Chapter 10: Executors and Trustees of Will Trusts

Chapter 11: Beneficiaries of Will Trusts

Chapter 12: The Removal of Executors and Trustees

Chapter 13:  The Liability of Executors, Trustees and Solicitors

PART THREE EQUITABLE PROPERTY RIGHTS

Chapter 14: Snell’s Principles

Chapter 15: The Acquisition of Equitable Property Rights by Re-Formulated Proprietary and Promissory Estoppel

Chapter 16: The Concept of Remedial Constructive Trust

Chapter 17: The Acquisition of Equitable Property Rights by Constructive Trusts

Chapter 18: The Creation of Property Rights by Donationes Mortis Causa

Chapter 19: The Creation of Equitable Property Rights by Secret and Half-Secret Trusts

Chapter 20: The Creation of Contractual and Equitable Rights by Joint Bank Accounts

PART FOUR: ACTIONS INVOLVING WILL TRUSTS AND EQUITABLE PROPERTY RIGHTS

Chapter 21: Actions Involving Trusts and Wills

Chapter 22: The Construction of Will Trusts

Chapter 23: Actions for Breach of Trust

Chapter 24: Actions Involving Equitable Property Rights

Chapter 25: Actions in the Circuit Court

Chapter 26: Interpretative Sources of Legal Practice

Part of Trilogy on Wills Books

Will Trusts and Equitable Property Rights  is the third book in our trilogy of works on Wills by Dr Albert Keating. The other two titles in the trilogy are:  The Construction of Wills, Second Ed (Published September 2017)  The Law of Wills, Second Ed (Published April 2018)