Garrow and Kelly Law of Trusts and Trustees, 8th edition
The New Zealand authority on trust law.
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For over 100 years, Garrow and Kelly Law of Trusts and Trustees has been the acknowledged New Zealand authority on trust law, cited regularly by the New Zealand Courts including the Supreme Court and Court of Appeal.
This edition of Garrow & Kelly Law of Trusts and Trustees completely updates and incorporates the significant legislative changes of the Trusts Act 2019, ensuring that all legal practitioners and students are well equipped. In addition, our highly experienced authors have included relevant case law since the last edition was published in 2013.
• Regularly cited by the Courts, including the Supreme Court and Court of Appeal.
• Established authority of trust law for over 100 years.
• Patterson Law of Family Protection and Testamentary Promises, 5th edition, 2021
• Breach Nevill’s Companion to the Trusts Act 2019, 2020
• Breach Nevill’s Law of Trusts, Wills and Administration 13th edition, 2018
• Law of Trusts (online resource)
Table of contents
Table of Contents
PART 1 INTRODUCTION TO TRUSTS
Chapter 1 What is a Trust? Chris Kelly
PART 2 EXPRESS OR DECLARED TRUSTS
Chapter 2 Types of Trust Chris Kelly
Chapter 3 Parties and Property Chris Kelly
Chapter 4 The Three Certainties Greg Kelly
Chapter 5 Evidential Requirements Greg Kelly
Chapter 6 Consideration and Title Chris Kelly
Chapter 7 How Long Can a Trust Last? Chris Kelly
Chapter 8 Understanding the Terms of the Trust Chris Kelly
Chapter 9 When a Trust May Fail or be Set Aside Chris Kelly
Chapter 10 Powers to Override Trust Chris Kelly
Chapter 11 Shams and Rights Retained by Settlors Chris Kelly
Chapter 12 Charitable Trusts Greg Kelly and Chris Kelly
Chapter 13 Purpose Trusts Greg Kelly
PART 3 TRUSTS ARISING BY OPERATION OF LAW
Chapter 14 Resulting Trusts Greg Kelly
Chapter 15 Constructive Trusts Greg Kelly and Kimberly Lawrence
PART 4 APPOINTMENT AND REPLACEMENT OF TRUSTEES
Chapter 16 Appointment of Trustees Chris Kelly
Chapter 17 Trustees — Acceptance, Retirement and Removal Chris Kelly
Chapter 18 Vesting in New Trustees Colette Mackenzie
PART 5 ADMINISTRATION OF THE TRUST
Chapter 19 Duties, Powers and Discretions Chris Kelly
Chapter 20 Trustees’ Duties and Obligations under the Trusts Act 2019 Greg Kelly and Chris Kelly
Chapter 21 Investment of Trust Funds Chris Kelly
Chapter 22 Capital and Income Chris Kelly
Chapter 23 Trustees’ Powers Chris Kelly
Chapter 24 Rights of Trustees Greg Kelly
PART 6 BENEFICIARIES
Chapter 25 Beneficiaries’ Rights and Powers Chris Kelly
Chapter 26 Variation of Trusts Greg Kelly
PART 7 BREACH OF TRUST
Chapter 27 Liability for Breach of Trust Chris Kelly
Chapter 28 Trustees’ Defences Chris Kelly
PART 8 TRUSTS IN SPECIFIC CONTEXTS
Chapter 29 Māori Land Court’s Trust Jurisdiction Colette Mackenzie
Chapter 30 Statutory Trustees Chris Kelly
Chapter 31 Trusts and Other Countries’ Laws Chris Kelly