Waters' law of trusts in Canada / by editor-in-chief, Donovan W.M. Waters ; contributing editors, Mark R. Gillen, Lionel D. Smith.

Record Type:

 Book

KN210.W384 2012

Carswell

2012

4th edition

Trusts and trustees - Canada.

Table of CasesTable of StatutesIntroduction Types of trust Distinction between the trust and other concepts Capacity of the parties The three certainties Constituting or setting up the trust Proving the trust Limitations on the settlor's powe...

• Table of Cases
• Table of Statutes
• Introduction
• Types of trust
• Distinction between the trust and other concepts
• Capacity of the parties
• The three certainties
• Constituting or setting up the trust
• Proving the trust
• Limitations on the settlor's power of disposition
• Revocation : setting the trust aside
• The resulting trust
• The constructive trust
• Uses of the trust device
• Trusts and tax planning
• Charitable trusts
• The appointment of trustees
• Death, retirement, and removal of trustees
• Distinction between the powers and duties of trustees
• Duties underlying the office of trustee
• Conduct of the day-to-day business of the trust
• Administrative powers and discretions of trustees
• Dispositive powers and discretions of trustees
• Indemnification and remuneration of trustees
• Termination of the trust
• Rights of intervention in the adminstration of the trust
• Breach of trust : remedy of the beneficiary against the trustee personally
• Breach of trust : the remedies of the beneficiary for recovering the trust property
• Variation of trusts
• The trust in Quebec
• Trusts and the conflict of laws
• The future of the trust
• Appendix A. Statutory provisions regarding trustee investment powers in the common law provinces and the territories
• Appendix B. Statutory powers of trustees in the common law provinces and the territories
• Appendix C. Statutory powers of the courts in the common law provinces and the territories
• Appendix D. The Hague Convention on the Law Applicable to Trusts and on Their Recognition
• Index

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