Overview

quistclose trust


'quistclose trust' can also refer to...

quistclose trust

Quistclose Trusts

Quistclose trust

Quistclose trust

Quistclose trust

Quistclose trusts examined

The Quistclose Trust in Singapore

No Quistclose trust in investment scheme

The Quistclose trust—a reply

Quistclose Trusts: was Lord Wilberforce right after all?

In Defence of The Primary Trust: Quistclose Revisited

Quistclose trusts in the Isle of Man

Nature of Quistclose trusts and dishonesty in breach of trusts explored

Re‐interpreting the Quistclose Trust: A Critique of Chambers' Analysis

Reining in the Quistclose Trust: a Response to Twinsectra v Yardley

Doing things without knowing it: Hastings-Bass, Quistclose, beneficiary witnesses, litigious charities and the costs of hostile litigation, and an outstanding trust textbook

Borrower insolvency and Quistclose trusts; creditor claims following insolvency of settlor or corporate trustee; exploration of the limits of the elasticity of the private trust; beneficiary’s rights to information; validity of non-charitable purpose trusts; and the jurisdictional reach of the US courts.

Does the Trust fail to bring happiness to the rich because it was invented to manage poverty? Dangerous trust pitfalls, and—as yet—inadequate trust legislation, in the PRC. Singapore’s express, resulting, remedial constructive, and Quistclose trusts; its admirable consideration of trust creditor rights; and its regrettable abolition of perpetuity and accumulation periods. Equitable remedies and conflict of law principles in Hong Kong. Taiwanese trusts.

 

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A trust that arises when property has been transferred for a specified purpose but that purpose then fails. The name is derived from Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 (HL). Such a trust has the effect of “ringfencing” the property concerned (usually money) and protecting it from the claims of third parties (usually creditors). The exact nature and classification of the quistclose trust has remained elusive. Theories range from it being a form of resulting trust (Twinsectra v Yardley [2002] 2 AC 164 (HL) (Lord Millett), an entity consisting of a primary and a secondary trust (Barclays Bank v Quistclose Investments (Lord Wilberforce), or a contractual arrangement that limits the use that the recipient may make of the money, such that a resulting trust arises in favour of the donor or lender when the purpose for which the money was advanced fails.

Subjects: Law.


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