The Supervisory Jurisdiction Over Trust Administration

Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court's intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust. An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the on-going performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. The interaction between the supervisory jurisdiction over trust administration and the remedial jurisdiction of the Court to award equitable compensation for breach of trust and to review trustee decision-making are also considered in a section focussing on recent developments in remedies. As well as exploring the nature and scope of the Court's jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust

Part I: Introduction Chapter 1. Introduction 1: Chapter Summaries 2: Claims and Concepts 3: Themes and Trends Part II: History Chapter 2. Origins 1: Procedure, Paralysis and Pendente Lite 2: Perfection and Performance 3: Protection Chapter 3. Evolution 1: Reform Proposals 2: The Mid-19th-Century Reforms 3: The Later 19th-Century Reforms Part III: Modernity Chapter 4. Administration 1: General and Partial Administration 2: Advice, Authorizations, and Declarations 3: Surrendering a Discretion Chapter 5. Regulating the Office of Trustee 1: Appointment 2: Removal and Retirement 3: Remuneration Chapter 6. Supervising Due Administration 1: Accounting 2: Disclosure 3: Divesting and Vesting Chapter 7. Supervising Non-Performance 1: Sanctioning Breaches of Trust, Prospectively 2: Sanctioning Breaches of Trust, Retrospectively 3: Variations and Terminations Part IV: Remedies Chapter 8. Equitable Compensation for Breach of Trust 1: Accounting for Wrongdoing 2: Equitable Compensation for Breach of Trust 3 Supervising Trust Administration Above and Beyond Maladministration: Chapter 9. Judicial Review of Trustee Decision- Making 1: Conclusivity and Reviewability of Trustee Decision-Making 2: The Rise and Ruin of the Rule in Hastings-Bass 3: Reflections on the Rule in Abacus v Barr Part V: Conclusion Chapter 10. Conclusion