The Supervisory Jurisdiction Over Trust Administration 1st Edition

Description

• Author(s)
  Daniel Clarry
• Publisher
  OUP Oxford
• Format
  PDF
• Print ISBN
  9780198813651, 0198813651
• eText ISBN
  9780198813651, 0198813651
• Edition
  1st
• Copyright
• Details
  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 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. The interaction between the supervisory jurisdiction over trust administration and the remedial jurisdiction of the Court to award equitable compensation for breach of trust and to review trustee decision-making are also considered in a section focussing on recent developments in remedies. 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