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Trustee Decision Making: The Rule in Re Hastings-Bass
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Trustee Decision Making: The Rule in Re Hastings-Bass

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Overview
Published 26 Mar 2015 (OUP)
ISBN: 9780198727316. Hard cover, 256 pages.
Description

Michael Ashdown

 

  • First book to focus on the Rule in Re Hastings-Bass and the doctrines of fraud on a power and mistake
  • Comprehensive treatment on the issue of trustees' rights and obligations, which frequently arises in trust litigation
  • Explains the operation and incidents of the Rule such as the consequences of a power being voidable, the application of the Rule to administrative powers, and personal liability of trustees
  • Addresses in full the Supreme Court's recent statement of the Rule
The book provides analysis of the principal rules of trust law which control the exercise of powers and discretions by trustees. The primary focus is on the principle known as "the Rule in Re Hastings-Bass", and this is considered alongside the doctrines of fraud on a power and mistake. This is the first book-length treatment focussed on this specific aspect of trust law, and in particular the first on the Rule in Re Hastings-Bass, which is the subject of much professional and academic interest especially following consideration by the Supreme Court in Pitt v Holt and Futter v Futter [2013] UKSC 26.

Whilst considering Pitt and the Rule in Re Hastings-Bass alongside mistake and fraud on a power, the book also explains how these doctrines interact, and how the law regulates trustee decision-making as a whole. It sets out examples and considers extensive practical problems, allowing the reader to understand not only the core trust law rules, but also the broader consequences of those rules which arise in real cases.

This aspect of trust law is of great practical importance for practitioners as it arises frequently in the context of trust litigation, and in advising trustees and beneficiaries of their rights and obligations. The newly settled state of the law after Pitt will encourage reliance on the Re Hastings-Bass and mistake rules by practitioners in challenges to trustees' conduct and decisions. This book equips all involved with the key principles and arguments in this area.

 

Readership: Primarily of interest to solicitors and barristers advising on trust law including in private client and commercial trusts matters. Also of interest to scholars researching trust law.

Dr Michael Ashdown is a barrister at Wilberforce Chambers, specialising in trusts. Prior to this, he was Fellow and Tutor in Law at Somerville College, Oxford, where his work focussed on the duties of trustees.

Table of Contents

1: Introduction
2: The present law
3: The origins of the Re Hastings-Bass rule
4: The nature of the duty
5: Applying the rule
6: Void or voidable?
7: The scope of the rule
8: Problems and issues
9: Fraud on a power
10: Mistake
11: Offshore
12: Looking ahead

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