This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs — and the ways in which trusts law has been adapted to meet them — are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.
1. Introduction: Adaptation in Context
Ying Khai Liew and Ying-Chieh Wu
PART I
FAMILIAL ADAPTATION
2. Resulting and Constructive Trusts in the Contemporary Singaporean Family Context
Man Yip
3. Marrying English Trusts Law with Chinese Customary Law? Historical Evolution and Modern Anomalies of the Tso/Tong in Hong Kong
Rebecca Lee
PART II
RELIGIOUS ADAPTATION
4. Religious Endowments and Trusts Law in Colonial India
TT Arvind
5. Adaptation of the Law of Trusts to Regulate Administration of Places of Religious Worship in Sri Lanka
Anton Cooray
6. Innovations within Malaysian Trusts Law: Labuan’s Trusts Law and the Hibah Trust
Hang Wu Tang
PART III
COMMERCIAL ADAPTATION
7. Trust in a Trustless World: Crypto-Asset Custodians, Trusts and Trust Regulations in Taiwan
Yueh-Ping (Alex) Yang
8. Adaptation in a Civil Law and Sharia Context: Trusts and Foundations in the Gulf Region
David Russell QC
9. Adaptation of Offshore Trusts in the South Pacific: Tension between Commercial and Social Needs
Katy Barnett
PART IV
STATUTORY ADAPTATION
10. Trusts and Statutes in the Australian Federation
Matthew Harding
11. Trustee Duties in Thailand’s Statutory Trusts
Adam Reekie and Surutchada Reekie
12. Pakistan’s New Trusts Acts 2020: Adaptation to Regulatory Overkill
Muhammad Zubair Abbasi
13. The Trusts Law Legislation Project in New Zealand
Jessica Palmer
14. Adaptation Throughout History: The Journey of the Israeli Trust from a Charitable Trust to an Estate Planning Instrument
Meytal Liberman
15. Application of Cambodia’s New Trust Law from a Practitioner’s View
Matthew Rendall and Soromnear Sin
PART V
DOCTRINAL ADAPTATION
16. Trusts in South Korea: Towards an Independent Fund Mechanism
Ying-Chieh Wu
17. Accessory Liability and Tracing: Modern Adaptations of Japanese Trusts Law
Masayuki Tamaruya
18. Intention in the Creation of Chinese Inter Vivos Express Trusts
Hui Jing
PART VI
CROSS-BORDER ADAPTATION
19. Trusts Choice of Law Rules in Asia-Pacific: Adapting to the Future
Ying Khai Liew
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