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How indemnity and subrogation work differently, uniquely, in trust law
Published: 21 November, 2025
This book delves into the evolving landscape of express trusts, challenging certain traditional doctrines, and offering a fresh framework for understanding trustees’ rights of indemnity, their equitable liens, and trust creditors’ right of subrogation. Indeed, it provides the most comprehensive analysis of the relevant equitable rights and concepts to date. Through a detailed analysis of recent pivotal cases including Carter Holt, Halabi, and Jaken, the book shows the evolution of those concepts. It additionally highlights the tensions between the equitable principles and statutory regimes, such that the indemnity rights against the trust estate have become multi-edged (not just double edged) swords.
Features
Offers legal practitioners tools for thinking about how to design protective measures within trust instruments and ways to better advance their clients’ interests in litigation
Provides important matters for judges to consider when deciding cases and reshaping this area of the law
Also examines the key American trust law innovations as a comparison
Related Titles
Agardy, Trading Trusts Explained, 2nd edition
D’Angelo, Transacting with Trusts and Trustees
D’Angelo, Commercial Trusts