Trusts Law

With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust courses can afford to be without.

   The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author’s text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law, particularly the law of restitution, and the trend towards greater integration between Equity and the common law.

   This new edition takes account of all relevant judicial and legislative developments since the third edition and incorporates discussion of current law reform proposals such as those relating to the law of charity. It also expands discussion of key themes in current developments of the law especially those relating to (i) the tensions between Trusts Law and the Law of Restitution and (ii) the consequences of the still extant division between common law and Equity.

Graham Moffat is Senior Lecturer in Law at Warwick University, and teaches Trusts Law, Equity and Law of Labour Relations at undergraduate and postgraduate level. He has published widely on trusts law and charity law.

The Law in Context Series

Editors: William Twining (University College London)
and Christopher McCrudden (Lincoln College, Oxford)

Since 1970 the Law in Context series has been in the forefront of the movement to broaden the study of law. It has been a vehicle for the publication of innovative scholarly books that treat law and legal phenomena critically in their social, political and economic contexts from a variety of perspectives. The series particularly aims to publish scholarly legal writing that brings fresh perspectives to bear on new and existing areas of law taught in universities. A contextual approach involves treating legal subjects broadly, using materials from other social sciences, and from any other discipline that helps to explain the operation in practice of the subject under discussion. It is hoped that this orientation is at once more stimulating and more realistic than the bare exposition of legal rules. The series includes original books that have a different emphasis from traditional legal textbooks, while maintaining the same high standards of scholarship. They are written primarily for undergraduate and graduate students of law and of other disciplines, but most also appeal to a wider readership. In the past, most books in the series have focused on English law, but recent publications include books on European law, globalisation, transnational legal processes, and comparative law.

Books in the Series

Anderson, Schum & Twining: Analysis of Evidence

Ashworth: Sentencing and Criminal Justice

Barton & Douglas: Law and Parenthood

Bell: French Legal Cultures

Bercusson: European Labour Law

Birkinshaw: European Public Law

Birkinshaw: Freedom of Information: The Law, the Practice and the Ideal

Cane: Atiyah’s Accidents, Compensation and the Law

Clarke & Kohler: Property Law: Commentary and Materials

Collins: The Law of Contract

Davies: Perspectives on Labour Law

de Sousa Santos: Toward a New Legal Common Sense

Diduck: Law’s Families and Others: Nationality and Immigration Law

Elworthy & Holder: Environmental Protection: Text and Materials

Fortin: Children’s Rights and the Developing Law

Glover Thomas: Reconstructing Mental Health Law and Policy

Gobert & Punch: Rethinking Corporate Crime

Harlow & Rawlings: Law and Administration: Text and Materials

Harris: An Introduction to Law

Harris: Remedies, Contract and Tort

Harvey: Seeking Asylum in the UK: Problems and Prospects

Hervey & McHale: Health Law and the European Union

Lacey & Wells: Reconstructing Criminal Law

Lewis: Choice and the Legal Order: Rising above Politics

Likosky: Transnational Legal Processes

Maughan & Webb: Lawyering Skills and the Legal Process

Moffat: Trusts Law: Text and Materials

Norrie: Crime, Reason and History

O’Dair: Legal Ethics

Oliver: Common Values and the Public-Private Divide

Oliver & Drewry: The Law and Parliament

Picciotto: International Business Taxation

Reed: Internet Law: Text and Materials

Richardson: Law, Process and Custody

Roberts & Palmer: Dispute Processes: ADR and the Primary Forms of Decision-Making

Scott & Black: Cranston’s Consumers and the Law

Seneviratne: Ombudsmen: Public Services and Administrative Justice

Stapleton: Product Liability

Turpin: British Government and the Constitution: Text, Cases and Materials

Twining: Globalisation and Legal Theory

Twining & Miers: How to do Things with Rules

Twining: Rethinking Evidence

Ward: A Critical Introduction to European Law

Ward: Shakespeare and Legal Imagination

Zander: Cases and Materials on the English Legal System

Zander: The Law-Making Process

Trusts Law Text and Materials

Fourth edition

Graham Moffat
Senior Lecturer in Law,
University of Warwick

With
Dr Gerry Bean
Partner in Phillips Fox,
Melbourne Victoria

and
Professor John Dewar
Pro-Vice Chancellor of Griffith University,
Brisbane Queensland

CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo

Cambridge University Press
The Edinburgh Building, Cambridge CB2 2RU, UK

Published in the United States of America by Cambridge University Press, New York

www.cambridge.org
Information on this title: www.cambridge.org/9780521674669

© Graham Moffat 2005

This book is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without
the written permission of Cambridge University Press.

First published by Butterworths 1988
Second edition first published by Butterworths 1994
Third edition first published by Butterworths LexisNexis 1999
Reprinted 2002
Re-issued by Cambridge University Press 2004
This edition published by Cambridge University Press 2005

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

ISBN-13 978-0-521-67466-9 paperback
ISBN-10 0-521-67466-2 paperback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Contents

Preface to the fourth edition

This book seeks to present the law of trusts in a different way from conventional texts. The underlying premise is that an investigation of the social and legal contexts in which trusts commonly appear, and of the functions which trusts perform within these contexts, is an essential prerequisite to a proper understanding of trusts law. Developments that have occurred in the relevant social and legal contexts since the first edition of this book have confirmed our conviction in the value of this approach. The bulk of the book is therefore again divided into four parts: trusts and the preservation of family wealth (Chapters 3–11); trusts and family breakdown (Chapter 12); trusts and commerce (Chapters 13–16); and trusts and non-profit activity (Chapters 17–20). The gathering pace of legal change has, however, impelled us to make extensive revisions and additions to the text. Prominent amongst the many statutory changes are the Trustee Act 2000 and the Pensions Act 2004 whilst key aspects of the Charities Bill 2004 have also been incorporated where possible. Important cases such as BCCI v Akindele, Foskett v McKeown, Schmidt v Rosewood and Twinsectra v Yardley, together with an outpouring of academic literature, have all in their different ways contributed to a continuing debate about trusts law, particularly in its relationship to other areas of the common law. The effect of these influences is evident in all four parts of the book.

   Our approach requires that, within each part of the book, relevant rules of trust law are investigated usually only after the reasons why trusts are commonly created within the particular social and legal context – whether expressly by individuals or groups seeking to achieve particular purposes, or by court order – have first been studied. In the working out of this approach, express trusts and non-express trusts receive distinctly different treatment. Express trusts are depicted primarily as property-holding devices or ‘institutions’ which have been created, modified and refined by generations of practising lawyers in response to the particular purposes sought to be achieved by their clients. The law governing such trusts is presented as the judicial and, to a lesser degree, the legislative response to the aspirations of trusts lawyers and their clients (particularly as regards the rules determining whether novel forms of trust should be treated as valid) and to the numerous legal problems arising in the course of enforcement of valid trusts. The book shows how, in the main, this response has been supportive; otherwise English law would not include the highly sophisticated body of principles which we call trusts law. But circumstances in which judges or legislators have placed a check on the fulfilment of trust founders’ objectives are also noted, along with the reasons why this should have occurred. In relation to non-express trusts, the focus of the book is chiefly on the relatively familiar theme that these contribute a quasi-remedial device for judicial innovation on grounds of ‘equity’. But recourse to relevant contextual material paves the way for a discussion of how far ‘equity’ has in fact been achieved in specific social situations, and whether other express or implicit objectives – for example, legitimation of practices which might otherwise call for redress – are being pursued. The contexts in which these issues are most fully investigated are those of (1) family breakdown, where resulting and constructive trusts and proprietary estoppel have been prominent in a judicial search for some degree of ‘equity’ for non-earning (usually female) de facto spouses; and (2) commerce, where a battery of remedies, including a constructive trust, may be invoked in response to ‘inequitable’ behaviour by those in trust-like positions.

   Although this way of classifying and analysing trusts law might seem to fragment the subject unduly, there is continued emphasis in the book on the unifying influence of the trust concept itself. The first chapter – ‘Trusts introduced’ – illustrates how the ‘trust idea’ in English law remains generally constant, despite having immense ‘elasticity’ (to quote Maitland), such as to render it useful in numerous social situations over several hundred years. This general proposition is reiterated later in the book. Nevertheless, there is a tension between fragmentation of the subject-matter of study and the notion of the ‘trust idea’ as a unifying feature. We suggest, however, that this reflects a source of tension within the subject itself, namely the competing influences on legal development of the claims of pure conceptual clarity as against pressures for pragmatic resolution of practical problems. An adequate understanding of trusts law requires that both these influences be taken into account by the student. Account also needs to be taken of one recent source of tension in the development of trusts law. A particular feature of our system of private law is the co-existence of overlapping jurisdictions. Circumstances can arise where the jurisdictions of the Law of Restitution, the Law of Trusts and even the Law of Tort can seem to overlap. It is at these points that tension can occur. We suggest that it is important to appreciate that efforts to minimise or remove any resulting dissonance may be a formative influence in current developments particularly in the area of remedies for breach of trust or other ‘inequitable’ conduct.

   In form the book is not an orthodox text, nor a set of cases and materials of a familiar type, but something in between. Textual commentary increasingly predominates, but extracts – sometimes quite long – from leading cases, statutes and relevant historical and empirical materials are also included. We assume that teachers using the book for a full year undergraduate LL B course may want to indicate further cases and articles to be read. Many that are appropriate for this are mentioned in the text.

   Many people have contributed to the production of this book. As regards the division of labour in this edition, John Dewar wrote Chapter 12 while Gerry Bean contributed Chapters 15 and 16. Graham Moffat bears responsibility for the remainder of the book. The intellectual debt owed to Michael Chesterman, the co-author of the first edition, is considerable, particularly in the areas of trust history and charity law, and is gratefully acknowledged. We are grateful to the new publishers of the Law in Context series for tolerating the extension of an already lengthy text, and for efficiently producing the index and tables of cases and statutes. The authors would also like to acknowledge the assistance of many trusts students, in responding over the years to ideas about trusts law put to them in the classroom and writing learned essays on trusts. Last and most important, as any writer knows, the gratitude owed to family tolerance cannot be overstated.

   We have sought to take account of the law as at 1 March 2005.

Graham Moffat
Gerard Bean
John Dewar

Acknowledgments

We are grateful to the following for allowing reproductions to be made from the publications indicated:

Basil Blackwell Ltd and R B M Cotterrell, Journal of Law and Society ; Basil Blackwell Ltd and L Holcombe, Wives and Property (1983); Brookings Institution, R Barlow et al, Economic Behaviour of the Affluent (1966); Butterworths’ Division of the Lexis-Nexis Group, The All England Law Reports; Canada Law Book Inc, Dominion Law Reports; Cambridge Law Journal; Foundation Publications, American Bar Foundation Research Journal; Council of Law Reporting for New South Wales, New South Wales Law Reports; Crown Copyright; Various Acts of Parliament; Incorporated Council of Law Reporting; Law Reports; Her Majesty’s Stationery Office for the extracts from the Charity Commission Annual Reports; Report of the Committee of Enquiry into the Public Trustee Office (1972); Report of the Insolvency Law Review Committee (1982); Select Committee on a Wealth Tax (1975); CTT and Settled Property (1980); Law Commission, The Financial Consequences of Divorce (1982); Law Commission No. 278, Sharing Homes: A Discussion Paper (2002); Bernard Levin and Times Newspapers Ltd, The Times; C T Sandford, Hidden Costs of Taxation (1973); Little Brown & Co, R Pound (ed) Perspectives of Law (1964); Ministry of the Attorney-General of Ontario, Ontario Law Reform Commission, Report on the Law of Trusts (1984); New York University Law Review ; Oxford University Press, Oxford Journal of Legal Studies; Pennsylvania Bar Association Quarterly; Routledge Ltd for extracts from S Edgell, Middle Class Couples (1980); SLS Legal Publications, G W Keeton, Modern Developments in the Law of Trusts (1971); Sweet and Maxwell for the extracts from J Edey and B Yamey (eds) Debits, Credits, Finance and Profits (1974); DJ Hayton, Commentary and Cases on the Law of Trusts and Equitable Remedies (11th edn, 2001); A Oakley, Parker and Mellows: the Modern Law of Trusts (8th edn, 2003); G W Thomas, Taxation and Trusts (1981); Tolley Publishing Ltd, T Sherring, Taxation of UK Trusts (1990); Fred B Rothman & Co, University of Pennsylvania Law Review ; Consumers’ Association, Which?; Yale Law Journal Company Inc, Yale Law Journal.

Abbreviations

Useful websites

None of us can ignore the vast range of internet sources now available and most students will have access to online resources such as Westlaw and/or Lexis. Other general websites that the reader may find useful are: www.bailii.org; www.austlii.org; www.wordlii.org; www.lawcom.gov.uk; and perhaps most useful of all is the invaluable ‘hub’ or ‘gateway’ maintained by the law librarian at Kent University: http://library.kent.ac.uk/library/lawlinks. Two specific websites relevant to Trusts Law are those of the Trust Law Committee (www.kcl.ac.uk/depsta/law/tlc) and the Charity Commission (www.charity-commission.gov.uk).

Table of statutes

Administration of Justice Act 1982

s 6(1) 559

s 17 139

Bankruptcy Act 1914

s 42 280

s 42(1) 289

Broadcasting Act 1990

s 92(2)(a) 1029

s 92(2)(a)(i) 989

Business Names Act 1985

s 2(1) 1013

Chancery Amendment Act 1858 [Lord Cairns Act] 62, 757

Charitable Trusts Act 1853 891

Charitable Trusts Act 1855 891

Charitable Trusts Act 1860 891

Charitable Trusts (Validation) Act 1954 904

Charities Act 1960 925

s 28(1)(4) 1005

s 29 1005, 1017

s 38(1)(4) 925

Charities Act 1992

s 29 998

Pt II (ss 58–64)

s 58(1) 1026

s 58(2), (3) 1026

s 58(6) 1026

s 59(1), (3) 1026

s 60 (7), (8) 1027

s 61 19

s 63 1028

Pt III (ss 65–74) 1027–1028

s 65(1), (2) 1027

s 68 1028

s 69(1)(a) 1028

s 72(1) 1027

s 78 1028

Charities Act 1993

s 1(3) 996

s 2 998

s 3 931, 934

s 3(5) 897, 932

s 4(2) 935

s 4(3) 935

s 6 1013

s 8 986, 1018, 1036

s 9 1018

s 10(2) 1017

s 11 933

s 13(1) 908, 1004–1008, 1011

s 13(2) 908

s 13(5) 1009

s 14 912

s 16(1) 904, 907, 1019

s 16(3) 907

s 16(4) 1009, 1019

s 16(5) 1019

s 16(10) 907

s 18 998, 1018, 1019–1021

s 18(4), (5) 1019

s 21 998

s 22 998

s 24 998

s 24(2) 998

s 25 998

s 26 1036

s 29(1) 997

s 29(2) 997

s 32 1022

s 33 997

s 33(1) 1022

s 33(2) 1023

s 33(3) 1023

s 33(4) 1023

s 33(5) 1023

s 33(8) 1022, 1036

s 36(3) 999

s 36(5) 999, 1000

s 36(6) 1000, 1005

s 36(7) 1005

s 41(1) 1015

s 41(2) 1015

s 42(1) 1015

s 42(2) 1015

s 42(3) 1016

s 43(2) 1015

s 45 1015, 1016

s 47(2) 1016

s 48 1016

s 64(1) 1008

s 64(2) 1008

s 69 1016

s 72 1014

s 73 1014

s 74 1002, 1003, 1009–1010

s 75 1002, 1003, 1010

s 76 1003

s 77 1003

s 78(1) 1003

s 85 998

s 97 1033

Sch 2 897

Children Act 1989

Sch 1 592, 637

Civil Liability (Contribution) Act 1978 739

s 2(1) 565

s 2(2) 565

Civil Partnership Act 2004 642

Civil Procedure Act 1997

s 7(3) 754

Communication Act 2003

s 321(2) 989, 1030

s 321(3) 989, 1030

Companies Act 1948

s 302 767

s 320 767

Companies Act 1985

Pt X 843

s 24 287

s 26(2) 1013

s 54 715

ss 151–158 715

s 212 6

s 249A(4) 1016

s 249B 1016

s 293 520

s 317 439

s 395 786, 790, 794

s 727 575, 1022

Contracts (Rights of Third Parties) Act 1999 67, 150, 171, 177–179

s 1(1) 177

s 1(1)(a) 177

s 1(1)(ii) 177

s 1(5) 177, 178

s 3(2) 178

Conveyancing Act 1881 47

Copyright, Designs and Patents Act 1988

s 90(3) 130

Criminal Justice Act 1993

Pt V 835

s 29 716

s 30 716

Deregulation and Contracting Out Act 1994

ss 28–30 1015

Disability Discrimination Act 1995

s 10 921

s 19(5)(k) 922

Divorce Reform Act 1969 590

Domestic Relations Act 1994 (Australian Capital Territory)

s 3(1) 642

s 15 642

s 19 642

Education Act 1973

s 3 932

Education Act 1994

s 20 988

Education Reform Act 1988 s 206 1013

Enterprise Act 2002

Pt 10 261

s 259 269

s 279 269–270

Estate Agents Act 1979

s 13 765

Family Law Act 1996 590

Federal Family Law Act 1975 (Australia) 641

Finance Act 1965 19

Finance Act 1969 369, 390

Finance Act 1972 19

Finance Act 1975 390, 392, 401

Sch 5 para 14 392

Finance Act 1978 19

Finance Act 1979 (No 2) 393

Finance Act 1980 19

s 79 365, 366

Finance Act 1981

s 78 365

Finance Act 1982

s 82 365

Finance Act 1984 19

Finance Act 1985

s 82 122

Finance Act 1986

s 31 1024

s 33 1024

s 100 371

s 102 372, 373

s 102(5) 373

Sch 20 372

Finance Act 1987

s 96 375

Finance Act 1990

s 25 919

Finance Act 1991

ss 83–87 335

Finance Act 1995 363

Finance Act 1997

s 64 917

Finance Act 1998

s 130 357

Finance Act 1999

s 95 373, 392

Finance Act 2000

s 38 919

s 39 919

s 40 917

s 43 919

Finance Act 2004 111, 112–114, 360, 400

s 19 109

ss 306–319 109

s 307 109

s 319 109

Sch 15 373

Financial Services Act 1986

s 48(2)(h) 844

Financial Services and Markets Act 2000 413, 435, 644

Pt XI 835

s 19 659

s 330(6)(b) 738

Friendly Societies Act 1896

s 49(1) 870

Gaming Act 1845

s 18 693

Health Services Act 1980

s 5 961

Human Rights Act 1998 642

s 6 946

s 6(1) 881

s 6(3)(b) 881, 882

s 12 745–746

Sch 1 Art 6(1) 294

Sch 1 Art 8(1) 275, 294

Sch 1 Art 8(2) 294

Sch 1 Art 9 882

Sch 1 Art 9(1) 294

Sch 1 Art 9(2) 294

Income and Corporation Taxes Act 1988 97

s 165 972

s 202 919

s 339 917

s 459 921

s 505(1) 916–918, 972

s 592(1) 649

s 660A 363–364

s 660B 364

s 660G(1) 363

s 677 363, 365

s 678 363

s 683 364

s 686(2) 360–361

s 686(2)(d) 362

s 686(2A) 361

s 686(2AA) 361

s 686(2B) 361

s 740 78

s 832 917

Sch 22 667

Income Tax Act 1842 888

s 61 890

Income Taxes Act 1952

s 415 190

Inheritance (Provision for Family and Dependants) Act 1938 591

Inheritance (Provision for Family and Dependants) Act 1975

s 1(1) 295

s 2(1) 295

s 10(2) 295

s 12(1) 295

Inheritance Tax Act 1984

s 1 371

s 2(1) 371

s 3(1) 372

s 3A(1) 371

s 4(1) 372

s 17 336

s 23 919

s 49(1) 375

s 50(1) 375

s 58(1) 381, 385

s 64 382, 385

s 65 385

s 66 385

s 69(1) 385

s 71 385, 401

s 71(1) 385, 386–388

s 71(2) 386–388

s 71(3) 386

s 71(4)(a) 385

s 141 336

s 227 384

s 268 396–397

Insolvency Act 1986 261

s 3 278

s 4 278

s 15 787

s 143(1) 910

s 214 287

s 214(1) 770

s 214(2)(b) 770

s 214(3) 770

ss 214–217 770

s 238 767

s 239 767, 777

s 283(1) 269–270

s 283(2) 270

s 306(1) 270

s 307(1) 270

s 310 269

s 310(2) 270, 271

s 335A 273–274, 275

s 335A(2) 273

s 335A(3) 274

s 339 290

s 340 287, 777

s 341 288–290

s 352 291

s 357 291

s 423 280–282, 283–285, 286–287, 290–301

s 423(1)(c) 287

s 423(3) 287

s 424 280–282

International Trusts Act 1984 (Cook Islands)

s 13B 291

s 13D 291

Judicial Trustees Act 1896 414

s 1(5) 426

s 3 572

Law of Property Act 1925

s 1(6) 116, 183

s 20 411

s 30 273, 274

s 40 120

s 52 130

s 53(1) 589, 604

s 53(1)(b) 118, 119, 120, 121, 125, 148, 581

s 53(1)(c) 119, 121–139, 189, 190–192, 194, 195, 327, 854, 863

s 53(2) 120, 124, 126–129, 148, 194, 581, 604

s 57

s 164 304

s 165 304

s 172 280, 287

s 175 349

Law of Property (Miscellaneous Provisions) Act 1989

s 1 173

s 2 120

Law of Property Amendment Act 1859

s 31 500

s 32 457

Law Reform (Succession) Act 1995 296, 591

Limitations Act 1980

s 2 575

s 5 575

s 21 576–577

s 21(3) 575

s 23(1) 575

Local Government Finance Act 1988

s 43(5) 918

s 43(6) 918

s 47 918

Lord Cranworth’s Act (23 and 24 Vict C 145) 347

Married Women’s Property Act 1870 54

Married Women’s Property Act 1882 54, 587–589

s 17 588–589

Matrimonial Causes Act 1973

s 23 240

s 24 240, 266, 289

s 24(1) 265

s 24B 656

s 39 289

Matrimonial Homes Act 1967 590

Matrimonial Proceedings and Property Act 1979 590

Mortmain and Charitable Uses Act 1736 885, 887, 945

National Lottery Act 1993

s 38(1) 923

s 44(1) 902, 923

Partnership Act 1890

s 10 739

Pension Schemes Act 1993

Pt IV 649

ss 145–152 680

s 146 680

s 151(4) 680

Pensions Act 1995 644

s 3 681

s 4 681

s 7 681

s 16 661

s 29 681

s 33(1) 659

s 34 509

s 34(1) 659

s 34(2) 659

s 34(5) 661

s 35 658–659, 660

s 35(3) 663

s 36(3) 659

s 36(7) 659

s 37 670

s 39 674

s 40 666

s 50 679

s 56 654

s 65 656

s 67 671

s 69 676

s 73 672

s 74 672

s 104 678

Sch 1 678

Pensions Act 2004 644

Pt 3 654

s 70 678

s 173 654

s 241 656

s 243(3) 656

s 247(3) 660

s 247(4) 660

s 250 670

s 262 671

s 273 680

s 278 650

s 286 654

Perpetuities and Accumulations Act 1964

s 1 303

s 2 303

s 3 303, 345, 906

s 3(1) 855

s 3(4) 855

s 3(5) 855

s 4(4) 855

s 13 304

s 15(4) 854

Perpetuities and Accumulations Act 1983 (Manitoba) 306

Poor Law Amendment Act 1834 885

Powers of Attorney Act 1971 508

Proceeds of Crime Act 2002

ss 304–310 711

s 327 737

s 328 737

s 329 737

s 330 737–738

s 333 737, 738

Property (Relationships) Act 1976 (New South Wales) 641

Property (Relationships) Act 1976 (New Zealand) 634–635

Public Trustee Act 1906 48, 408

s 2(3) 412

s 2(4) 412

s 2(5) 412

s 2(d) 412

s 4 414

s 4(2) 414

s 4(3) 413

s 9 426

s 13(1), (5) 534–535

Public Trustee and Administration of Funds Act 1986 412

Race Relations Act 1976

s 1 294

s 3 294

s 34 1002

s 34(1) 922

s 34(2) 922

s 34(3) 922

Recognition of Trusts Act 1987 20, 335

Recreational Charities Act 1958 973–975

s 1 929, 963–964

Restatement of Restitution (US)

para 142(1) 705

Restatement of Trusts, 2nd (US)

§ 26n 179

§ 337 312

Sale of Goods Act 1979

s 17 784

s 19 784

Sarbanes-Oxley Act 2002 (US) 826

Settled Land Act 1882 48, 301

Settled Land Act 1925

s 27 183

s 64 319, 326

s 64(1) 314

s 64(2) 314

Sex Discrimination Act 1975 1008

s 43(2) 922

Social Security Act 1986

s 15 647

Special Trusts (Alternative Regime) Law 1997 (Cayman Islands) 253

Stamp Act 1694 99

Statute of Charitable Uses 1601 884

Statute of Frauds 1677 42, 120, 190

s 3 124

s 7 124

s 9 124

Statute of Uses 1535 39–41, 43

Statute of Wills 1540 39–40, 41

Stock Transfer Act 1963

s 1 119, 130

Succession Act (Queensland) 1981

s 63 866

Supreme Court Act 1981

s 37(1) 741

s 49(1) 62

s 50 757, 758

Supreme Court of Judicature Act 1873 62, 64, 68

s 24 63

s 25(11) 62, 63

Supreme Court of Judicature Act 1875 62, 68

Tax Reform Act 1976 (US) 74

Taxation of Chargeable Gains Act 1992

s 53 367

s 62(6) 337

s 68 366

s 71(1) 367–368

s 72 367

s 77 515

s 80(2) 368

ss 80–84 335, 357

s 86 357

s 135(1) 84

s 165 366

s 241 919

s 256 918

s 260 366

Sch 1 366

Sch 5 357

Tenures Abolition Act 1660 41

Trade Union and Labour Relations (Consolidation) Act 1992

s 221(2) 744

Trustee Act 1850 47

Trustee Act 1888

s 6 568

Trustee Act 1925 13, 48

s 8 476

s 9 476

s 9A(1) 501

s 12 417

s 14(2) 411

s 19 417

s 22(4) 534–542

s 23 48

s 23(1) 499, 501

s 25 501, 508–509

s 30(1) 444, 564

s 31 308, 315, 347–353, 387

s 32 308, 338–340, 344–346, 388

s 33 48, 263–265, 266, 272, 287

s 33(1) 264

s 33(1)(i) 264

s 33(1)(ii) 270

s 33(2) 264

s 33(3) 280

s 34 411

s 34(1) 3

s 36 502, 516–517, 519

s 36(1) 334, 520, 521, 999

s 36(1)(a) 515

s 36(2)(a) 99

s 36(3) 99

s 36(5) 99

s 39 520–521

s 41 331, 333, 517–519

s 42 426

s 53 315

s 57 266, 319, 326, 473, 999

s 57(1) 313

s 61 448, 546, 566, 572–575, 835, 1022

s 62(1) 568

s 68(18) 422

s 69(2) 347, 388

Trustee Act 2000 13, 48, 406, 410–411, 470–477

s 1 411, 443, 445–448, 501, 503

s 1(1) 417

s 1(3) 471

s 2 411

s 3 459, 471, 492

s 3(1) 470

s 3(2) 471

s 3(3) 471, 476

ss 3–7 410

s 4 445, 473–475

s 4(2) 447, 476, 480

s 5 445, 475–477, 479, 483

s 6(1)(a) 471

s 6(1)(b) 471, 472

s 7(1) 471, 472

s 7(2) 471

s 8 461

s 8(1) 471

s 11 421, 504, 507

s 11(1) 502

s 11(2) 502, 503

s 11(3) 1033

ss 11–15 501

ss 11–27 411, 417

s 12 503

s 13 503–504

s 14(1) 417, 503

s 14(2) 504

s 14(3) 504, 505

s 15 418, 505–506, 507

s 16 507

s 16(1) 506

ss 16–23 501

s 17 507

s 17(1) 506

s 17(2) 507

s 18 507

s 18(1) 507

s 18(2) 507

s 19 476, 507

s 19(4) 1033

s 20 507

s 22 507

s 23 507–508

s 24 508

s 26 501

s 27 501

s 28 421

s 28(2) 423–424

s 28(4) 425

s 28(5) 422, 423

s 28(6) 422, 423–425

ss 28–33 410

s 29 414, 421, 427, 430, 1033

s 29(1) 425

s 29(2) 426

s 29(2)(a) 425

s 29(2)(b) 426

s 29(3) 426, 430

s 29(5) 425, 426

s 30 426, 1033

s 30(1) 500

s 31 476

s 31(1) 421

s 32 421, 503

s 36 471

s 36(6) 509

s 37 471

s 38 471

s 39(1) 422

s 40(1) 348, 510

Sch 1 445, 447, 507

Sch 1, para 5 417

Sch 1, para 7 448, 572

Sch 2, Pt II, para 25 348

Trustee Delegation Act 1999

s 1 501

s 5 508

Trustee Investments Act 1961 410, 458–459

s 6(1) 474, 659

s 6(2) 659

s 15 472

Trusts (Special Provisions) Act 1989 (Bermuda) 252

Trusts (Special Provisions) Amendment Act 1998 (Bermuda)

s 12B(2) 252

Trusts of Land and Appointment of Trustees Act 1996 9

s 6 461

s 6(3) 471

s 9 509–510

s 9A 510

s 11 520

s 14 273

s 14(2) 273

s 15 273

s 15(1)(b) 273

s 16(1) 520

s 17 461

s 19 517, 519, 521

s 19(1)(a) 517

s 21 517

s 21(5)–(8) 517

Sch 1 para 1 183

Sch 3 para 3(8) 339

Value Added Tax Act 1994

Sch 8 918

Variation of Trusts Act 1958 308–309, 324–337

s 1(1) 324–325, 326, 328, 330, 333

s 1(1)(a) 325

s 1(1)(b) 325

s 1(1)(c) 325

s 1(1)(d) 328

s 1(2) 325

s 1(6) 326

Welfare Reform and Pensions Act 1999

Pt I 647

s 11 272

Wills Act 1837

s 1 139

s 9 119, 139, 148

s 15 145, 425