Jacobs' Law of Trusts in Australia, 8th Edition

"Jacobs' Law of Trusts in Australia, 8th Edition" is a comprehensive legal text authored by John Dyson Heydon and Mark James Leeming. Here is a detailed overview of the book:

Key Themes and Structure

The book is an authoritative work on the law of trusts in Australia, covering a wide range of topics related to trusts. The 8th edition, published in 2016, reflects the significant developments in trust law over the past decade. The text is structured to provide a thorough understanding of the subject, including:

• Nature of a Trust: The book begins by defining what a trust is and how it differs from other legal institutions.
• Classification of Trusts: It explores the various types of trusts, including express trusts, resulting trusts, and constructive trusts.
• Capacity to Create a Trust: The authors discuss the legal requirements for creating a trust, including the capacity of individuals to act as trustees.
• Express Trusts: Chapters focus on the certainty of intention, subject matter, and object of express trusts, as well as the requirements for complete constitution or consideration.
• Interpretation and Failure of Trusts: The book delves into the interpretation of trusts and the circumstances under which an express trust may fail or be set aside.
• Charitable and Purpose Trusts: Specific chapters address charitable trusts and purpose trusts, highlighting their unique characteristics.
• Trustee Duties and Powers: The authors examine the duties, powers, and discretions of trustees, including their obligations to invest trust funds impartially.
• Liability and Rights of Trustees and Beneficiaries: The text covers the liability of trustees and the rights of beneficiaries, providing a comprehensive view of the trustee-beneficiary relationship.
• Trust Property and Vesting: Chapters discuss what can be considered trust property and the process of vesting trust property.
• Conflict of Laws and Superannuation: The book also addresses the trust aspects in the conflict of laws and superannuation.

Critical Reception

The book has received positive reviews for its comprehensive coverage and authoritative insights into Australian trust law. Here are some excerpts from critical reception:

• Indispensable for Practitioners and Students: The book is described as indispensable for any practitioner of the law of trusts in Australia and for any serious student of the subject.
• Authoritative Work: It is noted that the new edition is an authoritative work responding to developments in trust law over the last decade.
• Detailed Table of Contents: The detailed table of contents provided in the book ensures that readers can easily navigate through the various chapters and topics.

Authors

The authors, John Dyson Heydon and Mark James Leeming, are both renowned experts in the field of equity and trusts. John Dyson Heydon is a Queen’s Counsel in the State of New South Wales, while Mark James Leeming is a Judge of Appeal in the Supreme Court of New South Wales and a Challis Lecturer in Equity at the University of Sydney.

Edition Details

The 8th edition of "Jacobs' Law of Trusts in Australia" is published by LexisNexis Butterworths Australia in 2016. The book is a significant resource for legal professionals and students seeking to understand the complexities of trust law in Australia.

In summary, "Jacobs' Law of Trusts in Australia, 8th Edition" by John Dyson Heydon and Mark James Leeming is a comprehensive and authoritative text that provides a detailed overview of trust law in Australia. Its structure and content make it an indispensable resource for both practitioners and students of the subject.