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The Settlor's Conscience


Type

Book chapter

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Authors

Agnew, Sinead Cecilia  ORCID logo  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

Publisher DOI

Publisher URL

ISBN