The Supervisory Jurisdiction Over Trust Administration

Providing valuable insight into a relatively unexplored field, this book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the Court’s intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust. An introductory section places the supervisory jurisdiction over trust
administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the on-going
performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. The interaction between the supervisory jurisdiction over trust administration and the
remedial jurisdiction of the Court to award equitable compensation for breach of trust and to review trustee decision-making are also considered in a section focussing on recent developments in
remedies. As well as exploring the nature and scope of the Court’s jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust

Author Biography

Dr Daniel Clarry is a barrister and legal academic with professional experiences in a number of common law jurisdictions, including Australia, Canada, England & Wales and the United States. He completed a PhD in Law at the University of Cambridge where he was an Affiliated Lecturer in Law at the Cambridge Faculty of Law teaching Commercial Equity and was a Supervisor in Law at Gonville and Caius College, Cambridge. He then held post-doctoral
research fellowships in law and lectured on property and trusts at Harvard Law School and the London School of Economics. He is the author of The Irreducible Core of the Trust (Hart Publishing 2019) and the Editor-in-Chief
of The UK Supreme Court Yearbook (Appellate Press).