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Fiduciary Principles in Surrogate Decision-Making

Nina A. Kohn.

in The Oxford Handbook of Fiduciary Law

May 2019; p ublished online May 2019 .

Article. Subjects: Trusts Law; Medical and Healthcare Law. 7762 words.

This chapter examines the fiduciary principles governing surrogate decision-making. Surrogate decision-making relationships arise when one person is appointed to make decisions for another,...

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A guide to trustee minutes, written resolutions and decision-making

Ashley Fife.

in Trusts & Trustees

April 2016; p ublished online June 2015 .

Journal Article. Subjects: Trusts Law. 9805 words.

The old adage for recording trustee decisions was Don’t state your reasons. The concern was that beneficiaries may get a hold of the minutes and seek to pick apart the basis for the...

Modern trustee decision-making: unpacking the duty of proper consideration

Mark Studer.

in Trusts & Trustees

November 2016; p ublished online August 2016 .

Journal Article. Subjects: Trusts Law. 8637 words.

In the Supreme Court’s judgment in Pitt v Holt, Lord Walker described cases where, in the exercise of fiduciary powers, trustees have failed to take only relevant, and no irrelevant,...

Steuerrekursgerich des Kantons Zürich

Ekaterina Butler.

in Trusts & Trustees

April 2014; p ublished online February 2014 .

Journal Article. Subjects: Trusts Law. 1831 words.

A recent decision of the Zürich Tax Appeals Court (Steuerrekursgerich des Kantons Zürich) of 26 March 2013 (SB.2013.00037/SB.2013.00038) elucidates the existing taxation practice of...

Public Trust v Cooper in a New Zealand context

Henry Brandts-Giesen and Tom Molloy.

in Trusts & Trustees

November 2018; p ublished online September 2018 .

Journal Article. Subjects: Trusts Law. 2150 words.

Abstract

The New Zealand High Court has confirmed the ability of trustees to apply for a ‘blessing order’ under section 66 of the Trustee Act 1956. The scope...

Dispositive Discretions

Simon Gardner.

in An Introduction to the Law of Trusts

May 2011; p ublished online June 2015 .

Chapter. Subjects: Trusts Law. 10352 words.

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers the...

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The appointment of trustees

Richard Clements and Ademola Abass.

in Complete Equity and Trusts

April 2018; p ublished online September 2018 .

Chapter. Subjects: Trusts Law. 12885 words.

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter...

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The Investment of Trust Funds

Philip H Pettit.

in Equity and the Law of Trusts

August 2012; p ublished online June 2013 .

Chapter. Subjects: Trusts Law. 8156 words.

This chapter examines issues concerning the investment of trust property or trust funds. It discusses the extent to which trustees may take non-financial considerations in making their...

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Intensity and authenticity: the duty to give real and genuine consideration in the context of superannuation trusts

Samantha Hepburn.

in Trusts & Trustees

May 2016; p ublished online November 2015 .

Journal Article. Subjects: Trusts Law. 6275 words.

This article critically examines the suitability of the duty of a trustee to give real and genuine consideration when exercising discretionary powers in superannuation or pension trusts....

Pearce & Stevens' Trusts and Equitable Obligations

Robert Pearce and Warren Barr.

September 2018; p ublished online September 2018 .

Book. Subjects: Trusts Law. 984 pages.

Pearce & Stevens’ Trusts and Equitable Obligations provides a detailed and contextualized account of the law of equity and trusts. The text gives detailed analysis of all key...

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Rules of Tracing I

Aruna Nair.

in Claims to Traceable Proceeds

March 2018; p ublished online April 2018 .

Chapter. Subjects: Trusts Law. 13869 words.

This chapter examines the rules that apply when tracing against a wrongdoer, or a recipient from a wrongdoer. It argues that the law employs a principle of subordination of wrongdoers in...

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The content of the trust: what must a trustee be obliged to do with the property?

Tobias J. Barkley.

in Trusts & Trustees

June 2013; p ublished online May 2013 .

Journal Article. Subjects: Trusts Law. 11634 words.

This article examines the content of the obligation imposed on the owner of property that transforms him or her into a trustee. Understanding this is necessary to decide whether it is...

The decision of the Supreme Court in VTB v Nutritek

David Davies.

in Trusts & Trustees

September 2013; p ublished online May 2013 .

Journal Article. Subjects: Trusts Law. 4403 words.

The recent decision of the UK Supreme Court in VTB v Nutritek has attracted a great deal of attention and will be viewed as the leading modern authority on piercing the corporate veil in...

Claims to Traceable Proceeds

Aruna Nair.

March 2018; p ublished online April 2018 .

Book. Subjects: Trusts Law. 256 pages.

This book explains the rational basis of the law of tracing, and why and when English law makes claims to traceable proceeds available. Tracing enables a claimant to make a proprietary...

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The nature of trusteeship

Gary Watt.

in Equity & Trusts Law Directions

April 2016; p ublished online September 2016 .

Chapter. Subjects: Trusts Law. 11878 words.

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help...

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The Hague Trusts Convention five years on: the Swiss Federal Supreme Court’s decision in Rybolovlev v Rybolovleva

Toby Graham.

in Trusts & Trustees

September 2012; p ublished online August 2012 .

Journal Article. Subjects: Trusts Law. 6287 words.

On 26 April 2012 the highest court in Switzerland handed down judgment in Rybolovlev v Rybolovleva. This was one of the first since Switzerland’s ratification on 1 July 2007 of the Hague...

Fiduciary Law and Psychology

Tess Wilkinson-Ryan.

in The Oxford Handbook of Fiduciary Law

May 2019; p ublished online May 2019 .

Article. Subjects: Trusts Law; Medical and Healthcare Law. 7563 words.

This chapter considers the psychology of fiduciary law, with particular emphasis on how the principal-agent dynamic affects judgment and decision-making. From a decision-making perspective,...

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Empirical Analysis of Fiduciary Law

Jonathan Klick and Max M. Schanzenbach.

in The Oxford Handbook of Fiduciary Law

May 2019; p ublished online May 2019 .

Article. Subjects: Trusts Law; Jurisprudence and Philosophy of Law. 10202 words.

This chapter offers an empirical analysis of fiduciary law, focusing on whether fiduciaries react to changes in fiduciary standards and which fiduciary rules maximize social welfare....

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Fiduciary Law and Moral Norms

James Penner.

in The Oxford Handbook of Fiduciary Law

May 2019; p ublished online May 2019 .

Article. Subjects: Trusts Law; Jurisprudence and Philosophy of Law. 8709 words.

This chapter explores the connection between fiduciary relationships and moral norms or standards. It first considers the distinctions between employee “loyalty,” obligations of good faith,...

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Fiduciary Principles in Banking

Andrew F. Tuch.

in The Oxford Handbook of Fiduciary Law

May 2019; p ublished online May 2019 .

Article. Subjects: Trusts Law; Financial Law. 10245 words.

This chapter examines fiduciary principles in banking law, focusing on both commercial and investment banking. It considers when fiduciary duties exist and what they require, the range of...

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