Declarations of Trust: A Draftsman's Handbook (4th Edition)

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Declarations of Trust: A Draftsman's Handbook, 4th Edition

By Catherine Sanders
Sweet & Maxwell U.K. September 2009

Specifications

ISBN-13
9780414041196
Publisher
Sweet & Maxwell U.K.
Publication
September 2009
Format
Paperback + CD-ROM
Jurisdiction
U.K. ? Countri(es) for reference only

Details

 Declarations of Trust provides expert guidance on using declarations of trust to protect clients' interests. It deals with the many different situations in which a declaration of trust can be used, and contains a whole host of precedents which can easily be adapted to the situation at hand. What's more , the work reproduces all the precedents on an accompanying CD-ROM for ease of use and quicker drafting.

The 4th edition is fully updated with all recent property and tax legislation including:  

  • New Land Registry forms
  • Changes to CGT rules;
  • Finance Act 2008 changes to IHT
  • Changes to Stamp duty and SDLT in FA 2008
  • Changes in the right to buy rules under Housing Act 2004 (Chapter 4)
  • Changes to the tax treatment of pension schemes from April 2006 (Chapter 5)
  • Companies Act 2006 changes ( Chapter 6)

    It also includes new material on joint bank accounts including:
  • Commentary
  • New precedents

Table of Contents

Preface
Table of Cases
Table of Statutes
Table of Instruments
1. General principles
  • Introduction
  • The certainties of a trust
  • Resulting trusts and presumption of advancement
  • Insolvency
  • Matrimonial and Inheritance Act proceedings
  • Legal title
  • Trusts of land
  • Tax
  • Parties to the declaration
  • Registered and unregistered land
2. Property purchased as tenants in common
  • Introduction
  • The legal title
  • The contents of the declaration
  • Death of a tenant in common
  • Continuing residence for the survivor
  • Steps to be taken
  • Precedents
3. Property purchased by beneficial joint tenants. Subsequent adjustments of interests.
  • Introduction
  • Severance
  • The shares of the former joint tenants following severance
  • Contents of the declaration
  • Restrictions on the appointment of new trustees
  • Steps to be taken
  • Precedents
4. Legal owner of home holding for another (or for self and another)
  • Introduction
  • Nominee conveyance
  • The council house
  • Recognition of another's contribution
  • Transfer of entire beneficial ownership
  • Steps to be taken
  • Precedents
5. Insurance policies
  • Introduction
  • The contents of the declaration of trust/assignment
  • Pension Death Benefits
  • Steps to be taken following the declaration
  • Precedents
6. Company shareholdings
  • Introduction
  • Shares in the subsidiary
  • The nominee/trustee shareholder
  • Trust provisions
  • Additional matters
  • Precedents
7. Indivisible assets
  • Introduction
  • Declaration of trust of chattels
  • Declaration of trust of part of a debt
  • Steps to be taken
  • Precedents
8. In conjunction with wills - the half secret trust
  • Introduction
  • The reason for a half secret trust
  • The requirements of a half secret trust
  • Inheritance tax
  • Mutual wills
  • Steps to be taken
  • Precedents
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