Preface to the third edition

• Author: EILEEN E. GILLESE
• Pages: 13-14

xiii

PR EFAC E

to the Third Edition

When the f‌irst edition of this book was published seventeen years ago,

the trust had re-emerged as a revitalized legal instrument uti lized by

businesses, ch arities, fami lies, pension funds, and conservation organ-

izations, to name just a few. In recent years, trust law has continued to

expand its inf‌luence at a rapid pace, part icularly in the area of pension

trusts, where it plays a key role in resolv ing conf‌licts over the adminis-

tration, creation, termination, and revocation of pension funds.

The f‌lexible nature of trusts re sults in its continued development,

especially in the areas of resulti ng and constructive tr usts. This new

edition offers substantia lly revised chapters on both types of t rust.

Chapter 6 explores the various situations in which a resulting t rust

can ar ise, examines the important role of intention in f‌indi ng a resulting

trust, and an alyzes recent pronouncements by the Supreme Court on the

presumptions of resulting t rust and advancement. Chapter 7 offers an

updated discus sion of the constructive tr ust, which courts increasingly

employ as a tool for remedying unjust enrichment in cohabitation ca ses.

In the Foreword to the f‌irst edition, Donovan Waters described thi s

book as “the sort of thing you can read with your feet up, as well as in

the off‌ice or library” and commended it “to lawyer, student, and lay-

person alike.” Accessibility remain s a primar y goal of the third edition.

Drawing on familiar examples from daily life, the new edition illus-

trates fundament al trust pri nciples that cannot be found in a code or

legislation. However, there is one very signif‌icant ch ange to this edition