The Supervisory Jurisdiction Over Trust Administration

ISBN : 9780198813651

Daniel Clarry
320 Pages
171 x 246 mm
Pub date
Dec 2018
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Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's supervision and intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust. An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the on-going performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. Recent developments in alternative dispute resolution in trust law, especially the arbitration of trust disputes, are also considered in a section focussing on remedies and trends in which the operation of the essential principles of the supervisory jurisdiction over trust administration are also considered against the background of recent developments in trust law - namely, the principles upon which the court awards compensation for breach of trust and reviews trustee decision-making. As well as exploring the nature and scope of the Court's jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust


Introduction, Origins and Evolution
1 Introduction
2 Origins: The Performance of Trusts in Equity
3 Evolution: Statutory Reform of the Judicial Supervision of Trust Administration
4 Administration
5 Regulating the Office of Trustee
6 Securing the Due Administration of Trusts
7 Supervising the Non?Performance of Trusts
Remedies and Trends
8 Judicial Review of Trustee Decision?Making
9 'Equitable Compensation' for a Breach of Trust
10 Extrajudicial Supervision of Trust Administration

About the author: 

Dr Daniel Clarry is a barrister and legal academic with professional experiences in a number of common law jurisdictions, including Australia, Canada, England & Wales and the United States. He completed a PhD in Law, titled The Supervisory Jurisdiction over Trust Administration, at the University of Cambridge where he was an Affiliated Lecturer in Law at the Cambridge Faculty of Law teaching Commercial Equity and was a Supervisor in Law at Gonville and Caius College, Cambridge. He then held post-doctoral research fellowships in law and lectured on property and trusts at Harvard Law School and the London School of Economics. He is the author of The Irreducible Core of the Trust (Hart Publishing, 2018) and the Editor-in-Chief of The UK Supreme Court Yearbook.

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