Waters' law of trusts in Canada

Detailed table of contents available

• Table of Cases
• Table of Statutes
• Introduction
• Types of trust
• Distinction between the trust and other concepts
• Capacity of the parties
• The three certainties
• Constituting or setting up the trust
• Proving the trust
• Limitations on the settlor's power of disposition
• Revocation : setting the trust aside
• The resulting trust
• The constructive trust
• Uses of the trust device
• Trusts and tax planning
• Charitable trusts
• The appointment of trustees
• Death, retirement, and removal of trustees
• Distinction between the powers and duties of trustees
• Duties underlying the office of trustee
• Conduct of the day-to-day business of the trust
• Administrative powers and discretions of trustees
• Dispositive powers of trustees
• Indemnification and remuneration of trustees
• Termination of the trust
• Rights of intervention in the administration of the trust
• Breach of trust : remedy of the beneficiary against the trustee personally
• Breach of trust : the remedies of the beneficiary for recovering the trust property
• Variation of trusts
• The trust in Quebec
• Trusts and the conflict of laws
• The future of the trust
• Appendix A. Statutory provisions regarding trustee investment powers in the common law provinces and the territories
• Appendix B. Statutory powers of trustees in the common law provinces and the territories
• Appendix C. Statutory powers of the courts in the common law provinces and the territories
• Appendix D. The Hague Convention on the Law Applicable to Trusts and on Their Recognition