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

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

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

Author: Catherine Sanders
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414041196
Published In: September 2009
Format: Paperback + CD-ROM
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

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Description
Contents

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

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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