Category Archives: Equity and Trusts

Hermosa and Malumián, ‘Trust in Spain?’

ABSTRACT Spain has no trust regulations at the national level. However, there are inheritance legal schemes with similar effects. Furthermore, certain autonomous regions of Spain could enact their own inheritance law regulations and provide legal institutions that are analogous to trusts. In this article, we review these institutions from both an academic and practical point […]

Devika Hovell, ‘On Trust: The UN Security Council as Fiduciary’

ABSTRACT Perceived failures by the UN Security Council have been characterized as a ‘betrayal of trust’, which threatens to impact in turn on the strength of the Council’s authority. In certain legal cultures, fiduciary law has been recognized as an effective legal mechanism to underwrite trust in the exercise of authority. This Article considers the […]

Ernest Lim, ‘A Case for Shareholders’ Fiduciary Duties in Common Law Asia’

ABSTRACT This paper is a pre-print version of the Introduction to Ernest Lim’s A Case for Shareholders’ Fiduciary Duties in Common Law Asia published by Cambridge University Press in 2019, which was awarded the Society of Legal Scholars Peter Birks Runner-up Prize for Outstanding Legal Scholarship. This book reconceptualises the role of the general meeting […]

‘Trust Law Secrets, Revealed’

Mark J Bennett and Adam S Hofri-Winogradow, ‘The Use of Trusts to Subvert the Law: An Analysis and Critique’, Oxford Journal of Legal Studies (2021), available for free on SSRN as ‘Against Subversion, a Contribution to the Normative Theory of Trust Law’. For those who pay attention to trust law developments, it’s clear that a […]

Jonas-Sébastien Beaudry, ‘Disability and Contractual Expectations’

ABSTRACT This is a précis of the forthcoming book, The Disabled Contract: Severe Intellectual Disability, Justice and Morality. It examines how people with severe intellectual disabilities (PSID) fare within the social contract tradition. More specifically, it contends that even recent strategies that attempted to integrate disability within the realm of contractual justice and morality are […]

Man Yip, ‘Comparing family property disputes in English and Singapore law: “context is everything”’

ABSTRACT This paper examines why Singapore law has not followed English law in the area of beneficial ownership of family property. It points out that the landmark cases in the two jurisdictions are underpinned by different family paradigms. The English landmark cases are based on the unmarried cohabitants paradigm and the legal rules that have […]

Ying Khai Liew, ‘Choice of Law for Cross-Border Trust Disputes in Japan: The Case for Adopting the Hague Trusts Convention’

ABSTRACT This paper argues that cross-border trust disputes cannot adequately be dealt with using the existing choice of law rules in Japan, because pigeonholing trusts within any of those established choice of law categories distorts a proper understanding of trusts law and disappoints the autonomy and legitimate expectations of parties. Ultimately, this paper suggests that […]

Adam Reilly, ‘What were Lord Westbury’s intentions in Phillips v Phillips? Bona fide purchase of an equitable interest’

ABSTRACT In Phillips v Phillips, Lord Westbury stated that, against a bona fide purchaser faced with an ‘equity’ to rescind, ‘the Court will not interfere’. This has been interpreted to mean that purchasers of even an equitable interest shall take free of prior equities. Yet the distinction between ‘equities’ and equitable interests has been, and […]

Julius Grower, ‘What Does It Mean To Be A Fiduciary?’

“In Lehtimäki v Cooper [2020] UKSC 33, the Supreme Court applied a hitherto unauthoritative test for when ad hoc fiduciary relationships arise. It also suggested that the scope of fiduciary obligations is wider than previously established. When their marriage collapsed, the co-founders of the Children’s Investment Fund Foundation (UK) (‘CIFF’) – Sir Christopher Hohn and […]

Sinéad Agnew, ‘The reservation of powers by settlors: intention and illusion’

“In Webb v Webb [2020] UKPC 22, the Privy Council held inter alia that the reservation of powers by the settlor of two discretionary trusts was so extensive that the trusts were invalid. In matrimonial proceedings in the Cook Islands, Mrs Webb had contended that the Arorangi Trust and the Webb Family Trust, both of […]