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The Profectional Newsletters
12 July 2018

Trustees and Fiduciaries:
Liability for and Defences
to Claims for Breach of Trust
and Breach of Fiduciary Duty
#

Uncertainty in Express Trusts:
Problems with Intention,
Subject Matter and Objects
for Express Private Trusts
#

Trustees and Fiduciaries: Liability for and Defences to Claims for Breach of Trust and Breach of Fiduciary Duty Uncertainty in Express Trusts: Problems with Intention, Subject Matter and Objects for Express Private Trusts

by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong

by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong

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Code: EVT000000240 Code: EVT000000238
Date: 13 July 2018 (Friday) Date: 17 August 2018 (Friday) (Amended)
Time: 09:30 - 12:45
(Reception starts at 09:00)
Time: 14:30 - 17:45 (Amended)
(Reception starts at 14:00)
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Level: Intermediate Level: Intermediate
Language: English Language: English
Accreditations: LSHK 3.0 CPD Points Accreditations: LSHK 3.0 CPD Points
Admission: Standard Fee: HK$1,780.00
Please call 2116 3328 for details
and Group Discount
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 3 August 2018)

Please call 2116 3328 for details
and Group Discount
This course has been accredited by
the Law Society of Hong Kong
for 3 CPD Points, last chance,

register now!
This course has been accredited by
the Law Society of Hong Kong
for 3 CPD Points,
register now!
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and Registration Form
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and Registration Form
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and Registration Form
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Prof. Steven Gallagher

Steven Gallagher was awarded a first class LL.B.  He was called to the Bar of England and Wales in 2006.  Steven has taught Equity and Trusts, Land Law and Company Law to undergraduates and International Corporate Liquidation and International Corporate Governance to postgraduates in England and Hong Kong.  Steven teaches the Equity and Trusts courses for undergraduate students, the Principles of Equity and Trusts course on the Juris Doctor course and, in 2013, introduced the Principles of Cultural Heritage Law course to the LLM programme at the Chinese University of Hong Kong.  Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with equity.  Steven’s research interests include equity and the law of trusts, cultural heritage law and legal history.

Course Outline:

This 3-hour seminar will consider the nature of trusteeship and the fiduciary obligations of trustees and fiduciaries.  The traditional categories of fiduciary relationship and obligation will be discussed and recent developments in judicial identification of fiduciary relationships.  The remedies available for breach of trust and breach of fiduciary obligations will be considered including recent guidance on the remedies of account and the award of equitable compensation.  The seminar will conclude with discussion of defences that may be available to claims for liability for breach of trust and breach of fiduciary duty.

Some of the topics considered in this seminar include:

  • The nature of trusteeship;
  • Becoming a trustee (and perhaps not knowing that you are);
  • Breach of trust;
  • The fiduciary;
  • Becoming a fiduciary (and perhaps not knowing that you are);
  • Breach of fiduciary duty;
  • Remedies for breach of trust and breach of fiduciary duty;
  • The remedies of account and equitable compensation;
  • Defences that may be available to claims for liability for breach of trust and breach of fiduciary duty.

Course Outline:

This 3-hour seminar will provide an introduction to the problems associated with uncertainty and trusts.  Equity requires three certainties for the establishment of a valid and enforceable express private trust.  The three certainties of intention, subject and object ensure that the settlor intended to create a trust, identify the property that is subject to the trust, the beneficiaries of the trust and their interests in the trust property.  The certainties are necessary so that trustees clearly understand their obligations and to whom they owe them.  This seminar will discuss the development of the three certainties, why they are necessary, and the tests used by the courts in Hong Kong today to establish them.  The seminar will also consider the problems in establishing the three certainties and methods to avoid uncertainty in testamentary provisions.

Some of the topics considered in this seminar will be:

  • The development of the three certainties;
  • Certainty of intention;
  • Gifts, trusts and powers of appointment;
  • The problem with words and the construction rule;
  • Certainty of beneficial interest and subject matter;
  • The problem with trusts of wine and gold;
  • Why shares are special;
  • Identification or segregation of trust property;
  • Trusts Over ‘Whatever is Left’;
  • Identifying beneficial interests;
  • Ascertaining beneficiaries;
  • The development of the tests for certainty of objects;
  • Limitations of the tests;
  • Making everything certain.

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Advanced Booking: HK$1,780.00
(on or before 15 September 2018)
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* Courses supported by:  Kornerstone Limited
# Courses provided by: 
+ Courses jointly provided in partnership with:  CEDR Asia Pacific Limited
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