Albert Keating

ISBN13: 9781911611080
Published: January 2019
Publisher: Clarus Press
Country of Publication: Ireland
Format: Hardback

Will Trusts and Equitable Property Rights, provides an in-depth and comprehensive coverage and analyses of the law relating to will trusts and equitable property rights in Ireland, and is the third and final book completing the trilogy of practitioner books on wills by the leading expert on this area.

The twenty-seven chapters of the book present an incisive view of the following material relating to the subject matter of the book:

The creation of trusts by wills by use of precedents li>The creation of family will trusts by use of precedents
The creation of will trusts of land by use of precedents
Discretionary will trusts by use of precedents
The creation of charitable trusts by will
The exercise of powers by will trust
The modification of trusts in wills by equitable doctrines
The appointment, duties, powers, removal and liability of executors and trustees
The acquisition of equitable property rights by proprietary estoppel, promissory estoppel and remedial constructive trusts
The creation of equitable property rights by secret trusts, donationes mortis causa, and pre-testamentary agreements to make mutual wills
Contractual and equitable property rights arising out of joint bank accounts
Actions relating to trusts and wills
Constructive interpretation of words used by the testator in creating trusts in wills.
Administration actions by beneficiaries
Actions relating to equitable property rights
Actions for breach of trust •
practice relating to will trusts and equitable property rights


Contents:
PART ONE: WILL TRUSTS
Chapter 1: The Creation of Trusts by Will
Chapter 2: Family Will Trusts
Chapter 3: Trusts of Land by Will
Chapter 4: Discretionary Will Trusts
Chapter 5: Charitable Will Trusts
Chapter 6: Powers and Will Trusts
Chapter 7: The Modification of Trusts by Equitable Doctrines
Chapter 8: The Rule Against Double Portions
Chapter 9: Equitable and Statutory Advancements

PART TWO: EXECUTORS AND TRUSTEES OF WILL TRUSTS
Chapter 10: Executors and Trustees of Will Trusts
Chapter 11: Beneficiaries of Will Trusts
Chapter 12: The Removal of Executors and Trustees
Chapter 13: The Liability of Executors, Trustees and Solicitors

PART THREE EQUITABLE PROPERTY RIGHTS
Chapter 14: Snell’s Principles
Chapter 15: The Acquisition of Equitable Property Rights by Re-Formulated Proprietary and Promissory Estoppel
Chapter 16: The Concept of Remedial Constructive Trust
Chapter 17: The Acquisition of Equitable Property Rights by Constructive Trusts
Chapter 18: The Creation of Property Rights by Donationes Mortis Causa
Chapter 19: The Creation of Equitable Property Rights by Secret and Half-Secret Trusts
Chapter 20: The Creation of Contractual and Equitable Rights by Joint Bank Accounts

PART FOUR: ACTIONS INVOLVING WILL TRUSTS AND EQUITABLE PROPERTY RIGHTS
Chapter 21: Actions Involving Trusts and Wills
Chapter 22: The Construction of Will Trusts
Chapter 23: Actions for Breach of Trust
Chapter 24: Actions Involving Equitable Property Rights
Chapter 25: Actions in the Circuit Court
Chapter 26: Interpretative Sources of Legal Practice