The Settlor's Conscience
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Authors
Agnew, Sinead Cecilia https://orcid.org/0000-0002-4635-7764
Abstract
In the context of trusts law, discussions of conscience tend to focus on the conscience of the trustee. Any mention of the settlor’s conscience is rare. There is a tendency to assume that if anyone’s conscience is relevant in the context of express trusts, it is that of a person other than the settlor – eg the alleged trustee or a third party recipient of trust assets - and so the idea of the settlor’s conscience does not receive much attention at all. However, as this chapter will show, the settlor’s conscience is implicated in the creation of self-declared trusts, the rescue of express trusts by transfer, which would otherwise fail because of inadequate constitution or disclaimer, and promises to settle property on trust.
Description
Title
The Settlor's Conscience
Keywords
Is Part Of
The Philosophical Foundations of Express Trusts
Book type
Edited volume
Publisher
Oxford University Press