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This book covers suggested clauses for both inter vivos and testamentary instruments and examines court reactions to a petition for change when the trust instrument does not specifically give one.
Virtually every jurisdiction today is busy developing private international law rules to deal with trusts and similar ring-fenced structures. With the increasing impact of globalisation, business interests throughout the world are intent on maximising the potential of such structures for raising funds, lowering risks, and cutting costs. As a result, numerous complex issues involving the traditional categories of settlor, beneficiary, and fiduciary are being radically transformed. Extending the Boundaries of Trusts and Similar Ring-Fenced Funds offers valuable analyses, by sixteen well-known authorities in the field, of a broad range of trust-related issues. The many important insights in this book reveal the workings of such issues as the following: the disappearing divergence between common law and civil law jurisdictions in the matter of trusts; using the segregated fund concept to manage the risk of insolvency; the demise of the "amateur trustee" in the charitable trust sector; why loss to the fund supersedes particular losses of beneficiaries; the legal dimensions of hiding ownership by "giving" property to trustees; the intervention of public policy in questions of perpetuity; the selective imposition of OECD and FTF transparency initiatives on offshore jurisdictions; and "policing" of trustee behaviour by beneficiaries. Lawyers, bankers, and others dealing with investment and business finance will find much information as well as food for thought in this fascinating book, as will those involved in the traditional trust industry, whether as trustees or lawyers or fund managers. Most of the essays in this outstanding thematic collection were originally prepared for presentation at a conference held in 2001 at King's College London.
In recent times, research on trust has become a major field in the domain of management and in the social sciences as a whole. The Handbook of Trust Research presents a timely and comprehensive account of the most important work undertaken in this lively and emerging field over the past ten to fifteen years. Presenting a broad range of approaches to issues on trust, the Handbook features 22 articles from a variety of disciplines on the study of trust in both organizational and societal contexts. With contributions from some of the most eminent names in the field of trust research, this international collaboration is an imaginative and informative reference tool to aid research in this engaging area for years to come. The Handbook contributes to an area of key importance to almost every aspect of business and society and, in particular, it will appeal to students and scholars of organization theory, strategy and organizational psychology.
Public trust is the notion that the state is obliged to manage certain properties and associated rights under its control in the public interest. This volume outlines rationales and methods for applying the doctrine of public trust to contemporary environmental management of coastal areas.
The Special Needs Trust Administration Manual is an invaluable guide for anyone who is managing a Special Needs Trust for a person with disabilities. in guiding trustees through the complicated rules of Special Needs Trusts. In clear and easy to understand language, the authors explain how a trustee can use trust funds to meet the financial needs of a person with disabilities while complying with the complex rules of government benefit programs. The Special Needs Trust Administration Manual covers a multitude of topics, including what trustees need to know about: who wants to know more about disability trusts and public benefits.
Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust, which has lagged behind the flourishing scholarship on the creation of trusts. Since breach of trust or fiduciary duty occupies the center of the legal stage, it comes as a surprise that, although one or two novelists have chosen Breach of Trust as the title to their book, no lawyer has so far thought it necessary to produce a specialized work on the subject. To fill the gap, this book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject. The nature of the trustee's duties and of the liability for breach is closely examined, and all available defenses and excuses are reviewed. Two substantial chapters consider the consequences of assisting a breach or receiving trust property from a trustee acting in breach. The book closes with a critical overview of the entire topic.
Explores the implications for democracy of declining trust in government and between individuals.
If you want to protect your assets and make sure they are distributed according to your wishes, think about establishing a living trust. It can be designed to manage your investments now and provide broader financial management later to make provisions for a surviving spouse, children, or others, and reduce the impact of estate taxes or avoid probate. This book explains the complicated issues, terminology, and planning strategies of living trusts to the layperson. When you meet with a qualified attorney you will be well prepared, versed in the language, and ready to discuss issues and strategies, which saves time, legal fees, and ensures peace of mind. Get started today!
In the current turbulent business environment, there is a premium on trust. It has become a much desired resource in business organizations, but at the same time it has remained a very elusive idea. How to build and preserve trust, how to cope with opportunism and distrust, and how they affect organizational performance are crucial problems. This original book is the first to offer a wide-ranging study of trust within and between organizations from the perspective of several social and management sciences. The specially commissioned contributionsmany from well-known expertscombine theoretical analysis of problems around trust with empirical study in a range of different organizations in contexts such as China, Japan, India, the US, as well as several European countries. The many issues covered by the book include the relationship between trust and power, trust and law, how to build trust where there was previously none, the impact of trust on performance, and the fragility of trust in different societal contexts. The wide theoretical scope, together with the range of organizational settings and the rich empirical detail of behaviour around trust and opportunism, make this an important and instructive volume.