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• Title:Thomas on powers / Geraint Thomas.
  
•    
• Author/Creator:Thomas, Geraint W.
  
• Published/Created:Oxford : Oxford University Press, 2012.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KD865 .T46 2012
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Powers (Law)--England.
  Powers (Law)--Wales.
  
• Edition:2nd ed.
  
• Description:cxxvii, 845 p. ; 26 cm.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780199539697 (hbk.)
  0199539693 (hbk.)
  
• Contents:Machine generated contents note: 1. Introduction: Definitions and Classification
  A. Power and property
  B. Classification of powers
  (1). Classification according to the donee's interest
  (2). Classification according to the interest conveyed or created
  (3). Classification according to the purpose of the power
  (i). Administrative or managerial powers
  (ii). Dispositive powers
  (iii). Powers of appointment
  (iv). Simple, general powers
  (v). Special powers
  C. Modified meanings and effects for specific purposes
  (1). Section 27 of the Wills Act 1837
  (2). Administration of assets
  (3). Insolvency
  (4). rule against perpetuities
  (5). Inheritance tax
  (6). Delegation
  D. Power and trust
  E. Bare powers and fiduciary powers
  F. influence of public law
  G. Context and construction
  2. Rules of Interpretation
  A. Nature of the process
  B. General principles of construction
  C. Implied terms
  D. principle of legality
  E. Application beyond commercial contracts
  F. Interpretation of pension scheme trusts
  G. Trust deeds and other unilateral deeds and wills
  (1). Construction of wills
  (2). Construction of inter vivos deeds
  (3). Effect of the West Bromwich principles
  (4). Nature of admissible extrinsic evidence
  H. Summary
  I. Rules of construction and companies
  3. Creation of Powers
  pt. I Intention
  A. Expressed intention
  B. Powers to create powers
  C. Implied intention
  D. Whose intention?
  E. Statutory powers
  F. Creation by reference
  pt. II Power or interest in property
  A. Absolute gift in the first instance
  B. Life interest coupled with power of disposition
  C. Life interest with power to enjoy property in specie only
  D. Miscellaneous cases
  E. Nature of disposition is a matter of construction
  F. Section 22 of the Administration of Justice Act 1982
  pt. III Powers, discretionary trusts, express and implied trusts, and gifts in default
  A. Type 1
  B. Type 2
  (1). Date at which identity of takers is determined
  (2). Extent of the interests of takers
  C. Type 3
  pt. IV `interest' of objects of mere powers and beneficiaries of discretionary trusts
  A. Objects of non-fiduciary powers
  B. Objects of fiduciary mere powers
  C. Objects of discretionary trusts
  D. Assignability
  pt. V rights and interests of members of pension funds
  pt. VI Exclusive and non-exclusive powers
  A. Non-exclusive powers and hotchpot clauses
  B. rule in Re Deakin
  4. Certainty of Objects
  A. Fixed interest trusts
  B. Powers of appointment
  C. Discretionary trusts
  D. Conceptual and evidential certainty
  (1). Conceptual certainty in relation to conditions
  (2). Conceptual certainty for powers and trusts
  E. Evidential certainty
  (1). Evidential certainty for `fixed interest' trusts
  (2). Evidential certainty for mere powers and discretionary trusts
  F. Mere non-fiduciary powers
  G. Summary of present law relating to certainty of objects
  H. Time at which certainty must be established
  I. Resolution of uncertainty by a third party
  J. Size of the class and administrative unworkability
  K. `relations' cases
  L. Identification of objects by relationship
  5. Powers and the Rule Against Perpetuities and Excessive Accumulations
  pt. I Powers and the rule against perpetuities
  A. Statement of the Rule Against Perpetuities
  B. Perpetuities and Accumulations Act 1964 and the Perpetuities and Accumulations Act 2009
  (1). alternative period
  (i). Perpetuities and Accumulations Act 1964
  (ii). Perpetuities and Accumulations Act 2009
  (2). `wait and see' principle
  (i). Perpetuities and Accumulations Act 1964
  (ii). Perpetuities and Accumulations Act 2009
  (3). Restrictions on lives in being
  (i). Perpetuities and Accumulations Act 1964
  (ii). Perpetuities and Accumulations Act 2009
  C. Powers and the rule against perpetuities
  D. Powers of appointment
  (1). General powers and special powers
  (2). Perpetuities and Accumulations Act 1964
  (3). Perpetuities and Accumulations Act 2009
  (4). Validity of the power
  (i). General powers
  Perpetuities and Accumulations Act 1964
  Perpetuities and Accumulations Act 2009
  (ii). Special powers
  (iii). Discretionary trusts
  Perpetuities and Accumulations Act 1964
  Perpetuities and Accumulations Act 2009
  (5). Effect of a power being invalid
  (6). Validity of the appointment
  (i). General powers
  (ii). Special powers
  (iii). Powers of advancement
  (iv). `second look' doctrine
  (v). Validity of appointments under special powers under the 1964 Act and the 2009 Act
  (vi). doctrine in Langston v Blackmore
  E. Severance of good limitations from the bad
  (1). Bad appointment after good
  (2). Good appointment after bad
  (3). Severance and appointment to a class
  (4). Perpetuities and Accumulations Act 1964
  (5). Perpetuities and Accumulations Act 2009
  F. Gift in default of appointment
  G. Additional provisions of the Perpetuities and Accumulations Act 2009
  (1). Pre-commencement instruments
  (2). Provision not made by an instrument
  (3). Rule as to duration not affected
  H. Appointments of `death benefits' under occupational pension schemes
  pt. II Powers and the rule against excessive accumulations
  A. General principles
  B. pre-2009 Act position
  C. Effect of excessive direction to accumulate
  D. Accumulation and the rule in Saunders v Vautier
  E. Exceptions to the rule
  F. Application to powers
  G. Perpetuities and Accumulations Act 2009
  H. Application of the rules to occupational pension schemes
  (1). Perpetuities and Accumulations Act 2009
  (2). pre-2009 Act position
  I. Variation of Trusts Act 1958
  J. Perpetuity periods in `offshore' jurisdictions
  6. Delegation of Powers
  A. Introduction
  B. General and hybrid powers
  C. Ministerial powers
  D. Delegation by trustees
  E. Delegation by individual trustees: section 25 of the Trustee Act 1925
  trustee who is also a beneficial co-owner
  F. Collective delegation by trustees: section 11 of the Trustee Act 2000
  (1). Duty of care
  (2). Persons who may act as agents
  (3). Linked functions
  (4). Terms of agency
  (5). Asset management
  (6). Power to appoint nominees
  (7). Power to appoint custodians
  (8). Investment in bearer securities
  (9). Person who may be appointed as a nominee or custodian
  (10). Terms of appointment of nominees and custodians
  (11). Review of agents, nominees, and custodians
  (12). Liability for agents, nominees, and custodians
  (13). Sole trustee
  (14). Remuneration of agents, nominees, and custodians
  G. Delegation by trustees of land to a beneficiary
  (1). Statutory duty of care applies
  (2). Protection of purchasers
  H. Miscellaneous cases
  I. Discretionary powers
  Authorized delegation of discretionary powers
  J. delegation of special powers
  (1). Powers to appoint `in such manner' or `in such manner and form' and other analogous powers
  (2). Appointment conferring a power of advancement
  (3). Appointment conferring a power of maintenance
  (4). Transfer to separate trustees
  (5). creation of separate settlements
  (6). Delegation, resettlement, and powers to `benefit'
  (7). Pilkington v IRC and the rule against delegation
  K. Involuntary delegation
  L. Other relationships
  7. Exercise of Powers
  pt. I Capacity
  A. Personal capacity
  (1). Infants
  (i). Exercise by will
  (ii). Exercise by instrument inter vivos
  (2). Persons lacking mental capacity
  B. Bankrupts, receivers, administrators, and liquidators
  (1). Bankrupts
  (2). Receivers, administrators, and liquidators
  C. Pensions Act 1995
  D. Capacity of companies and statutory corporations
  (1). Capacity of companies
  (2). Capacity of local authorities
  E. Persons domiciled abroad
  pt. II Office holders and the holders of powers by survivorship
  pt. III Formalities and requirements
  A. Statutory provisions
  (1). Wills
  (2). Deeds
  B. Requirements specified by the donor of the power
  (1). Exercise by specified instrument(s)
  (2). Consent to exercise of the power
  (i). Dispensing with consent
  (ii). Nature of consent
  (3). Express reference to the power upon its exercise
  pt. IV Intention to exercise
  A. Reference to the power
  B. Reference to property
  C. use of the words `appoint' and `dispose'
  D. Property dealt with in a mass
  E. Other directions
  F. General powers
  G. Ademption
  pt. V Successive appointments
  pt. VI `relation-back' doctrine
  8. Excessive Execution of a Power
  A. General principle
  B. Excessive exercise distinguished from other impeachable executions
  C. Categories of excessive execution
  (1). Excess by way of annexing conditions
  (2). Granting excessive interests
  (3). Including persons or purposes which are not proper objects of the power
  (i). Appointment of an interest to an object, followed by an interest to a stranger
  (ii). Appointment of an interest to a stranger, followed by an interest to an object
  (iii). Appointment to a class embracing both objects and strangers
  (4). Miscellaneous cases
  Contents note continued: D. Postscript: the defective execution of a power
  9. Fraud on a Power
  A. General principles
  B. Fraud on whom?
  C. Grounds upon which exercise may be held fraudulent
  (1). Antecedent agreement between donee and object
  (2). Execution for a corrupt purpose
  (3). Execution for a foreign purpose
  D. Fraud on a power and occupational pension schemes
  E. Fraud and powers to `advance' or `benefit' the beneficiary/object
  (1). Powers to `advance' or `benefit' beneficiaries
  (2). Powers to appoint for the `benefit' of an object
  F. Fraud on a power and company directors
  G. Fraud on powers and the Variation of Trusts Act 1958
  H. Burden of proof
  I. degree of fraudulent intent or purpose
  Application to company directors
  J. Effect of fraudulent execution of a power
  (1). Execution is void not voidable
  (2). Agents
  K. Company directors
  Companies Act 2006, section 40
  L. Confirmation and ratification
  M. Severance
  (1). Consideration which cannot be restored
  (2). Severance of appointor's intentions
  N. Cases where the doctrine of fraud does not apply
  (1). Release of a power
  (2). Revocation of appointment
  (3). General and hybrid powers
  (4). Power to jointure
  O. Liability of trustees and other donees
  P. Position of third parties
  10. Duties of Donees
  A. General duties of donees of powers
  B. duty to consider the exercise of a power or discretion
  (1). Fiduciary mere powers
  (2). Discretionary trusts
  (3). Size of the class and administrative workability
  (4). Objects' remedy where there is a failure to consider exercise
  (5). Remedies of objects of discretionary trust on failure to distribute
  (6). Powers of fiduciaries other than trustees
  (7). Powers conferred on persons who are not fiduciaries
  C. duty to exercise an active discretion
  D. duty not to act under the dictation of another
  (1). Personal nature of the discretion
  (2). Not acting under dictation
  E. duty not to fetter the discretion
  F. duty to take account of relevant considerations and to ignore irrelevant ones
  (1). Powers of advancement, powers of appointment, and similar dispositive powers in private, family trusts
  (2). Acting on professional advice
  (3). Voidable (not void) act
  (4). Practical consequences
  (5). Decisions on the rule in Hastings-Bass
  (6). Powers of appointment
  (7). Other trustee powers and discretions
  (8). What is a `relevant consideration'?
  (9). Weight or significance of the consideration
  (10). Public law principles
  (11). Relevant time
  (12). Effects on third parties
  (13). Remaining uncertainties
  (14). rights of objects
  (15). Other fiduciaries
  (16). Australian duty of real and genuine consideration
  (17). Hastings-Bass in other jurisdictions
  (i). Jersey
  (ii). Cayman Islands
  (iii). Australia
  (18). Non-fiduciary donees
  G. Duty to treat beneficiaries and objects even-handedly
  (1). Other fiduciaries
  (2). Non-fiduciaries
  H. duty to act in the `best interests' of the beneficiaries
  (1). `Best interests' and company directors
  (2). Other fiduciaries
  I. Duty not to act irrationally or capriciously
  J. implied duty of mutual trust and confidence (or of good faith)
  11. Judicial Review of the Exercise of Powers and Discretions
  A. General principles
  (1). Terminology
  (2). Balancing the need for `reasonable' behaviour with non-intervention
  B. decision-making process and the decision itself
  C. Simple (or unenlarged) discretions and enlarged discretions
  D. decision in Dundee General Hospitals Board
  E. Discretion in forming opinion on fact
  F. Implied limitations on pension scheme discretions?
  G. No obligation to give reasons
  (1). General principles
  (2). Application to pension schemes
  (3). Implications where reasons are given
  H. Decisions of company directors
  I. Surrender of discretion to the court
  (1). Seeking the approval of the court
  (2). Surrendering discretion to the court
  J. Non-fiduciary discretions
  K. Discovery of documents in legal proceedings
  12. Conflict of Interests
  A. general principle against conflict of interests
  B. Application of the rule to powers generally
  (1). Administrative powers
  (2). Dispositive powers
  (3). Administrative powers conferred on a fiduciary
  C. Effect of exclusion of the rule
  D. Pension schemes
  (1). General principles
  (2). Member-nominated trustees under the Pensions Act 2004
  E. Conclusion
  13. Rectification and Rescission
  pt. I Rectification
  A. General principles
  B. Rectification and tax advantages
  C. Rectification of pension schemes
  D. Rectification of wills
  (1). Clerical error
  (2). Failure to understand instructions
  (3). Time-limit for applications
  (4). Applications and actions for negligence
  pt. II Rescission of voluntary transactions on the ground of mistake
  14. Contingent and Determinable Powers
  pt. I Contingent (or conditional) powers
  A. Powers presently in existence, but effective on a contingency
  B. Powers arising on a contingency
  (1). Condition only partly fulfilled
  (2). Nature of the property
  (3). Accelerating the condition
  C. Exercise of powers by contingent persons
  (1). Limited powers
  (2). General powers
  D. Exercise of powers by anticipation
  (1). General powers
  (2). Limited powers
  pt. II Determinable powers
  A. Powers conferred on trustees
  B. Determination of powers on winding up of pension schemes
  15. Powers of Revocation
  A. nature of a power of revocation
  B. Creation of a power of revocation
  C. Revocation of appointment by deed
  D. Revocation of testamentary appointments
  E. Revocation subject to restrictions
  F. Power given to two or more persons
  G. Intention to revoke
  H. Effect of revocation
  I. Partial revocation
  J. Defective execution of a power of revocation
  K. Fraud on a power of revocation
  L. Duration of powers of revocation
  M. Powers of revocation and shams
  N. Offshore legislation
  16. Powers of Amendment
  A. Purpose and nature of a power of amendment
  B. Relationship with other powers
  C. Exercise of powers of amendment
  D. Scope of powers of amendment
  (1). Societies, associations, and clubs
  (2). Companies
  (3). Implied terms
  E. Retrospective effect
  F. Statutory provisions relating to amendments
  (1). Occupational pension schemes
  (i). Sections 67 to 72 of the Pensions Act 1995
  (2). Other trusts and settlements
  (i). Section 57 of the Trustee Act 1925
  (ii). Section 64 of the Settled Land Act 1925
  (iii). Variation of Trusts Act 1958
  (iv). Other provisions
  G. Duration of powers of amendment
  H. Offshore legislation
  17. Disclaimer, Release, and Extinguishment of Powers
  pt. I Disclaimer of powers
  pt. II Release of powers
  A. Traditional classification
  B. Beneficial powers and vicarious powers
  C. more modern classification
  D. Binding effect of a release
  E. Methods of releasing powers
  F. Extent and effect of a release
  G. Covenants and the release of powers
  H. doctrine of fraud on a power and a release
  pt. III Extinguishment of powers
  A. Exercise and satisfaction
  B. Other extinguishing events
  C. Order of the court
  (1). Variation of Trusts Act 1958
  (2). Marriage settlements
  (3). Administration orders
  (4). Decree of foreclosure
  (5). Institution of proceedings
  (6). Payment into court
  (7). Directions of the court.