This thesis is about the juridical nature of the beneficiary’s right in a Scottish trust. Its central contention is that the beneficiary holds no more than a personal right against the trustee. The focus of the discussion is on the compatibility of this view with two important - and apparently more than merely personal - effects produced by the trust in relation to third parties. The first is the capacity of the beneficiary to proceed against a third party transferee of trust property taking in breach of trust or breach of fiduciary duty, or against a third party who has otherwise incurred an obligation to the trust. The second is the entitlement of the beneficiary to trust property on the insolvency of the trustee in preferen...
This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design an...
This article analyses the recent decision of the Judicial Committee of the Privy Council in Spread T...
This article argues that claims to recover trust property from third parties arise in response to a ...
The trust is a mental construct used to explain a type of guardianship of property. There are tradit...
This article is a further elaboration of a chapter of the author’s Ph.D. thesis completed in October...
Article considers how private purpose trusts can be enforced through the notion of having the settlo...
Asset partitioning in the trust, the question of how creditors of trustees attach their claims to tr...
New Zealand and Canadian courts are willing to reduce the liability of a fiduciary for breach of fid...
In the English trust, the beneficiary is viewed as the substantive owner of property held under trus...
This thesis explores the nature of the resulting trust and its role in the law of restitution. Part ...
This article considers the nature of a trust beneficiary’s rights. Specifically, it challenges a bod...
This dissertation examines the “bundle of rights” theory as it meets at the intersection of trust an...
The United States is experiencing a quiet revolution in the law of trusts. In an effort to compete w...
The article reviews cases illustrating the operation of the beneficiary principle, that a trust for ...
In this Article, we hope to show that viewing trust law through a contractual lense may illuminate t...
This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design an...
This article analyses the recent decision of the Judicial Committee of the Privy Council in Spread T...
This article argues that claims to recover trust property from third parties arise in response to a ...
The trust is a mental construct used to explain a type of guardianship of property. There are tradit...
This article is a further elaboration of a chapter of the author’s Ph.D. thesis completed in October...
Article considers how private purpose trusts can be enforced through the notion of having the settlo...
Asset partitioning in the trust, the question of how creditors of trustees attach their claims to tr...
New Zealand and Canadian courts are willing to reduce the liability of a fiduciary for breach of fid...
In the English trust, the beneficiary is viewed as the substantive owner of property held under trus...
This thesis explores the nature of the resulting trust and its role in the law of restitution. Part ...
This article considers the nature of a trust beneficiary’s rights. Specifically, it challenges a bod...
This dissertation examines the “bundle of rights” theory as it meets at the intersection of trust an...
The United States is experiencing a quiet revolution in the law of trusts. In an effort to compete w...
The article reviews cases illustrating the operation of the beneficiary principle, that a trust for ...
In this Article, we hope to show that viewing trust law through a contractual lense may illuminate t...
This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design an...
This article analyses the recent decision of the Judicial Committee of the Privy Council in Spread T...
This article argues that claims to recover trust property from third parties arise in response to a ...