Overview

"Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and ""shams"".Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies."

Full Product Details

Author:   Geraint Thomas (Professor of Equity and Property Law, Queen Mary, University of London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 17.40cm , Height: 5.80cm , Length: 24.80cm
Weight:   1.782kg
ISBN:  

9780199539697

ISBN 10:   0199539693
Pages:   976
Publication Date:   08 March 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Preface 1: Introduction: Definitions and Classification 2: Rules of Interpretation 3: Creation of Powers 4: Certainty of Objects 5: Powers and the Rules against Perpetuities and Excessive Accumulations 6: The Delegation of Powers 7: Exercise of Powers 8: The Excessive Execution of a Power 9: Fraud on a Power 10: The Duties of Donees 11: Judicial Review of the Exercise of Powers and Discretions 12: Conflict of Interests 13: Rectification and Rescission 14: Contingent and Determinable Powers 15: Powers of Revocation 16: Powers of Amendment 17: Disclaimer, Release and Extinguishment of Powers

Reviews

Thomas on Powers is a comprehensive study of the rules and principles governing the creation, exercise and termination of powers in private law. Fourteen years after the first edition, Powers remains the only modern monograph dedicated to private law powers in common law. The current edition is an extensive update and expansion of the previous text. It covers all relevant judicial and legislative developments in English law, with reference to cases in other common law jurisdictions, including many offshore jurisdictions ... Thomas maintains an excellent balance between details relevant to practitioners and underlying themes and parallels that are of interest for academic researchers. Remus Valsan, The Edinburgh Law Review this book provides a clear, readable an informative guide that really will assist any professional trustee or their advisers. I know of no other modern textbook solely devoted to this subject and it provides a thorough analysis of the subject. Martyn Frost, Trenfield Trust & Estate Consulting ...a formidable, very readable and lucid work of scholarship which, in our view, is easy to use. Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

`Review from previous edition Comprehensive and unique...the first edition of an important new book that is highly recommended for equity practitioners.' David Maclean QC `It should sit next to Underhill and Hayton's The Law of Trusts and Trustees in every pension lawyer's library' David Pollard

this book provides a clear, readable an informative guide that really will assist any professional trustee or their advisers. I know of no other modern textbook solely devoted to this subject and it provides a thorough analysis of the subject. Martyn Frost, Trenfield Trust & Estate Consulting

Author Information

Professor Geraint Thomas's research interests focus upon all aspects of domestic and overseas trusts (including estate planning, taxation of trusts, pension trusts and offshore trusts). Professor Thomas practised at the Chancery Bar for over twenty years. Reported cases include: Re Poulton's Will Trusts (1987) 1 WLR 795 (powers of appointment), Re Drexel Burnham Lambert UK Pension Plan (1995) 1 WLR32 (conflict of interest in pension schemes), Reg v Exeter City Council, Ex parte JL Thomas & Co (1991) 1 QB 471 (judicial review). In addition, Professor Thomas was Professor of Equity and Property Law, Queen Mary University of London from 1998 to 2010 and is a member of the Association of Pension Lawyers.

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