Written by: John Thurston LLB, Solicitor, TEP

Text books on the law of trusts can be of two sorts. First, there is the long and erudite explanation on the theory of trusts dealing with equity and its history and all the usual conflict between obligations and property rights. On the other hand, there is the purely practical manual which cuts through the theory and which may be used, alongside a telephone, to provide quick answers to troublesome questions.

John Thurston’s book is clearly of the latter sort. He plunges into the essential features of trusts straight away; the word ‘equity’ does not even appear in the index! In Chapter 1, on ‘The essential elements of a trust and formalities’, he does not even waste practitioners’ time by debating a definition of trusts in the usual academic way. He deals with the certainties required to constitute a valid trust and other important matters and clears the matter up in eight pages and the chapter is given a summary even then of the matters dealt with.

The book was written as a guide for busy practitioners. Many parts have been re-written since the previous edition, in particular the question on settlements and trusts which are concerned with taxation aspects. The style is crisp and, in places, even curt. The book takes on the character, in parts, of being a notebook. This is to the book’s advantage. Its success and popularity is merited and ideally matches the requirements of one of its targets, the busy practitioner. Answers are provided to many of the points which arise in practice, as well as the student examinations. Many practitioners will find the text gives adequate answers to questions on trust law without then having to delve into more complex and detailed sources, and so this book is a valuable first source for quick answers as well as a useful manual for trust administration.

John Goldsworth, Trusts and Trustees, January 2007

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