The Hague Trusts Convention: Scope, Application and Preliminary Issues

Description

Trusts cross borders. When they do, real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? Which legal system will be applied to the trust? Whithin what limits? What if the trust needs to be recognized in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonized choice of law rules for "trusts created voluntarily and evidenced in writing". It also provides for the recognition of trusts in contracting states. Those contracting states should recognize the trust, even if they do not have the institution in their domestic law. This text ananlyses the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states and other trust states.

Jonathan Harris is Professor of International Commercial Law at the University of Birmingham.

The strength of Harris's book lies in the way he applies his deep knowledge of the substantive law of trusts in his detailed treatment of the Convention...Harris's book is a much needed comprehensive treatment of the Convention, which will be of great interest to both academics and practitioners dealing with trusts in an international setting. -- H.L.E. Verhagen, Nijmegen * ZeuP * ...a welcome addition to the private international law literature, being the first detailed analysis of the Convention published in the UK...[an] erudite and lucidly written monograph. It deserves to be widely read. -- Jonathan Hill, University of Bristol * Trusts and Trustees * Harris' book can be useful in helping to understand the law even in those countries where the convention is not going to enter into force. This is certainly all the merit of the author having written this excellent book. the book is not only useful for English lawyers - which is rather obvious - but also for practitioners in civil law systems. -- Michael Traest * European Review of Private Law *