Restatement of the Law Third,

Trusts

This work provides a contemporary treatment of trust law, offering authoritative guidance to legislators, judges, and those who counsel trustees and beneficiaries or endeavor to draft instruments that accurately reflect the lawful intentions of donors. The work represents a complete revision of the Restatement Second, which is no longer in print. Volumes 1 and 2 cover the nature, creation, and elements of trusts; interests and rights of beneficiaries; and trust modification and termination. Volume 3 deals with trustee powers and duties and incorporates an updated version of an earlier Prudent Investor volume. The fourth volume covers trust administration, particularly breaches of trust and the appropriate legal remedies.

Reporter:
Edward C. Halbach, Jr., University of California, Berkley School of Law, Berkeley, CA
Associate Reporters:
Thomas P. Gallanis, University of Iowa College of Law, Iowa City, IA (Volume 4)
Jeffrey N. Pennell, Emory University School of Law, Atlanta, GA (Volume 3)
Randall W. Roth, University of Hawaii at Manoa, William S. Richardson School of Law, Honolulu, HI (Volumes 3 and 4)

Summary of Contents

Volume 1 (§§ 1 to 28)

Foreword

Part 1. Nature, Characteristics, and Types of Trusts

Chapter 1. Definitions and Distinctions

Chapter 2. Resulting Trusts

Part 2. Creation of Trusts

Chapter 3. Basic Principles and Requirements

Chapter 4. Formalities: Trusts Created by Will

Chapter 5. Formalities: Creation of Inter Vivos Trusts

Summary of Contents

Volume 2 (§§ 29 to 69)

Foreword

Part 3. Elements of Trusts

Chapter 6. Trust Purposes

Chapter 7. The Trustee

Chapter 8. Trust Property

Chapter 9. Beneficiaries

Part 4. Nature of Beneficiaries’ Rights and Interests

Chapter 10. Extent and Enforceability of Beneficial Interests

Chapter 11. Voluntary and Involuntary Transfers of Beneficial Interests: General Principles

Chapter 12. Spendthrift Trusts and Other Restraints on Voluntary and Involuntary Alienation

Part 5. Modification and Termination of Trusts

Chapter 13. Modification and Termination of Trusts

Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement Third and Restatement Second Section Numbers
Table of Cross References to Digest System Key Numbers and ALR Annotations

Index (Volumes 1 and 2)

Summary of Contents

Volume 3 (§§ 70 to 92)

Foreword

Part 6. Trust Administration

Chapter 14. Trustee Powers and Duties: General Principles

Chapter 15. Specific Duties of Trusteeship

Chapter 16. Extent and Exercise of Trustees’ Powers

Chapter 17. Investment of Trust Funds (The “Prudent Investor Rule”)

Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement Third and Restatement Second Section Numbers

Index (Volume 3)

Summary of Contents

Volume 4 (§§ 93 to 111)

Foreword

Part 6. Trust Administration (continued)

Chapter 18. Remedying Breach of Trust: General Principles

Chapter 19. Trustee Liability to Beneficiaries

Chapter 20. Beneficiary Liability

Chapter 21. Liability of Trust or Trustee to Third Party

Chapter 22. Third-Party Liability to Trust

Chapter 23. Accounting for Principal and Income

Table of Cases
Table of Statutes
Parallel Tables Showing Corresponding Restatement
Third and Restatement Second Section Numbers

Index (Volumes 3 and 4)

Trusts

Official Text Volume 1 Contents

Official Text Volume 2 Contents

Official Text Volume 3 Contents

Official Text Volume 4 Contents