Jurisdiction(s):
United Kingdom

Key definition

Law definition

What does Law mean? In legal practice, Law describes the body of binding rules governing parties’ rights and obligations in the relevant jurisdiction(s). It is not a single statutory or case-law definition; in contracts it is a descriptive catch‑all used to capture all sources of applicable law. Law includes: (a) any primary or secondary legislation (including regulations, statutory instruments and byelaws) in force from time to time that applies to a party or to the place the Services are provided; (b) the common law and, where applicable, equity; (c) any binding court order, judgment or decree; (d) any applicable industry code,

Hague Trusts Convention in the UK: Recognition of Trusts Act 1987, Choice of Law, Validity, Recognition, Mandatory Rules and Conflict of Laws Issues

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Practice notes

Practice Note

This Practice Note does not offer an exhaustive description of the features of the Hague Trusts Convention of 1 July 1985 on the Law Applicable to Trusts (the Convention); rather, it serves as a primer and synopsis of selected key matters connected with this intricate subject. From the outset, it should be recognised that substantial scholarly controversy surrounds aspects of the Convention, alongside calls for amendment. This, in part, reflects its genesis and the formidable challenge confronting the drafters and sponsors, namely to frame rules that would satisfy both countries whose domestic systems include trusts ('trust states') and those that do not ('non-trust states'). Inevitably, there existed a strain between positions acceptable to trust states on one side and to civilian non-trust jurisdictions on the other. Accordingly, this remains a fluid and developing field. Owing to the complexity of various elements, practitioners are directed to fuller commentaries, notably Underhill and Hayton: Law of Trusts and Trustees, which explore the issues in depth. At a number of stages, specific paragraphs in such sources are noted; however, because the topics frequently overlap, practitioners are encouraged to range broadly across them and to consult cross-references where necessary for a coherent understanding of...

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