Category Archives: Equity and Trusts

Richard Garnett, ‘Identifying an Asia-Pacific Private International Law of Trusts’

ABSTRACT This chapter will concentrate on the issues of applicable law and jurisdiction ((i) and (ii) above) and a provisional assessment will be made of the extent to which such rules have led to increased recognition of cross-border trusts in the Asia-Pacific region. In wholly domestic cases differences between national laws on trusts, torts or […]

Aaron Taylor, ‘Civil Claims for Secret Commissions’

“The civil law’s objection to bribery and undisclosed commissions is usually said to be a concern about abuse of position by an agent for his or her personal advantage, typically to the disadvantage of his or her principal (Industries and General Mortgage Co Ltd v Lewis [1949] 2 All ER 573, 575 (Slade J); Fiona […]

Wei Xuan Timothy Chan, ‘The Doctrine of Mutual Wills in Singapore: VTL v VTM [2021] SGHCF 30′

ABSTRACT In VTL v VTM [2021] SGHCF 30, the Singapore High Court had the opportunity to consider the application of the rarely-invoked mutual wills doctrine. The court gave effect to the mutual wills by holding that a subsequent will was invalid and revoking the grant of probate that had been obtained by the executors of […]

Keith Porcaro, ‘In trust, data’

ABSTRACT This essay explores how the trust, and specifically the asset management functions that trust law affords, can be used to ameliorate select digital governance challenges. A trust’s ability to isolate assets can protect public interest technology projects against organizational failure, facilitate archiving and study of proprietary and deprecated software, and help multi-party data-sharing collaborations […]

Mark Pawlowski, ‘The modern application of the rule in Keech v Sandford

“It is a general principle of equity that a person in a fiduciary position must not put himself in a position where his interest conflicts with his duty. In simple terms, duty prevails over interest. The rule is illustrated by the celebrated case of Keech v Sandford, where a trustee, who held a lease on […]

Paolo Panico, ‘The Nature and Functioning of “Civil Law Trusts”: Review of Patrick J Galea, The Trust Laws of Jersey and Malta: A Civilian Interpretation

“The apparently irreconcilable relationship between lawyers from a civilian environment and the trust, a quintessential institution of English law, is best summarized in this well-known statement by Frederick W Maitland …” € Paolo Panico, The Nature and Functioning of ‘Civil Law Trusts’: Review of Patrick J Galea, The Trust Laws of Jersey and Malta: A […]

Yifat Naftali Ben Zion, ‘Moving Along the Continuum of Loyalty From a Standard Towards Rules’

ABSTRACT This article focuses on the location of the duty of loyalty – a unique legal norm in Common Law jurisdictions – both actual and desirable, on the continuum between rules and standards. A rule is a relatively ‘closed’ technical norm, at a high level of specificity; it requires little judicial discretion. A standard is […]

Alexandros Antoniou, ‘Can You Keep a Secret? The Trail of Confidential Information and the Need for Reasonable Enquiries’

ABSTRACT In dismissing an appeal against the decision of the Intellectual Property Enterprise Court (IPEC) in Trailfinders Ltd v Travel Counsellors Ltd and Others [2020] EWHC 591, the Court of Appeal of England and Wales held that an equitable duty of confidentiality arises when the recipient of information is reasonably expected to have made enquiries […]

Rowan Cope, ‘Polygamous settlors: When is a wife not a wife?’

ABSTRACT Wealthy nationals of countries outside of Europe, including in the Middle East, are beginning to discover the wealth preservation and succession planning advantages that discretionary trusts can afford them. Whilst this is positive for practitioners, the clash of cultures can cause difficulties for trustees (and their advisers) who are used to administering trusts for […]

Ian Fraser, ‘Ware v Ware and the Presumption of Undue Influence in Confidential Relationships’

ABSTRACT Alaska law has long recognized that a presumption of undue influence arises as a matter of law when a will’s primary beneficiary participates in its drafting and has a fiduciary or confidential relationship with the testator. In its 2007 decision Ware v Ware, the Alaska Supreme Court extended this principle beyond testamentary scenarios to […]