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Todd & Wilson's Textbook on Trusts & Equity 12e

Further reading summaries

Below is a number of summaries of articles which have been recommended as companion reading in the book. These summaries are selected from the reading detailed at the end of chapters or groups of chapters throughout the book. The reading at the end of each chapter or chapter group has been selected to provide you with the opportunity to do two things. Firstly, the reading is intended to help you to cross-check your own understanding through learning with other 'readings' of the issues you have had to study. Secondly, many of the readings will bring you into contact with more complex discussions and applications of the basic principles than is possible in the main text, so that you can think more deeply and develop a more sophisticated understanding. Here, the recommended reading is also a good 'middle point' of reference between the main chapter text and the companion questions on these web pages. Indeed, while the questions are based primarily on the main text, a number of the more subtle and sophisticated matters arising have been drawn from the recommended reading. Summaries have not been prepared for all the recommended articles (and indeed in the case of chapters 4, and 12 although recommended reading has been provided at the end of the chapter in the textbook, absence of them from modern journal writings has meant that no summary has been included in this location) but they have been for a number of the most recent works referred to.

The summaries have been prepared in order to emphasize how important it is that you read the works in question, and it is vital that you understand this. Once you start to look at the summaries, it will quickly become obvious that they reveal little about the substantive content of the article, and more clearly draw your attention to why you need to look at a particular piece of work, and how important it is for your understanding. And once you do the actual reading you will also discover that the summaries do not refer to everything an article may have in store; this is not possible in the word allocation given to them, and is not desirable in light of their function. Their function is not to provide a reductionist bullet-list of an article's key points and arguments, but instead they are designed to point you in the direction of materials you should be looking at, and to explain how important it is that you do so.

  • Chapter 1 (PDF, Size: 136KB)
    • Law and equity and an introduction to the trust
  • Chapter 2 (PDF, Size: 136KB)
    • The nature of the trust: its operation and applications in society and the economy
  • Chapter 3 (PDF, Size: 192KB)
    • The three certainties and the significance of the ?beneficiary principle?
  • Chapter 4 (PDF, Size: 54KB)
    • Formality and the creation of valid trusts
  • Chapter 5 (PDF, Size: 143KB)
    • The constitution requirement for a valid trust
  • Chapter 6 (PDF, Size: 133KB)
    • Introduction to resulting and constructive trusts
  • Chapter 7 (PDF, Size: 128KB)
    • Resulting trusts, gifts to non-charitable unincorporated associations, and pension funds
  • Chapter 8 (PDF, Size: 197KB)
    • Beneficial interests in the family home: a case study
  • Chapter 9 (PDF, Size: 128KB)
    • Secret and half-secret trusts (and constructive and resulting trusts)
  • Chapter 10 (PDF, Size: 138KB)
    • Introduction to charity and charity law
  • Chapter 11 (PDF, Size: 139KB)
    • The legal definition of ?charity?
  • Chapter 13 (PDF, Size: 204KB)
    • Introduction to trusteeship and an overview of the ?office of trustee?
  • Chapter 14 (PDF, Size: 127KB)
    • Powers, discretions, and duties of trustees
  • Chapter 15 (PDF, Size: 125KB)
    • Variation of trusts
  • Chapter 16 (PDF, Size: 133KB)
    • Breach of trust
  • Chapter 17 (PDF, Size: 164KB)
    • Remedies associated with missing trust property: actions in equity & the basis for liability
  • Chapter 18 (PDF, Size: 131KB)
    • Trusts arising in commercial dealings