Details
Written by James Kessler QC and Leon Sartin, Drafting Trusts and Will Trusts explains the issues involved in drafting trusts and will trusts.
It offers an extensive selection of precedents to suit a wide range of trust requirements, and helps ensure practitioners can make the best tax planning judgements through the use of the correct trust.
For your benefit, Drafting Trusts and Will Trusts:
- Broaches all aspects of drafting settlements and will trusts from first principals and definitions of common terminology to types of trusts and their various uses
- Covers the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and matters which may safely be omitted
- Includes a large selection of newly updated Precedents which are drafted in a straightforward, modern way, and are accompanied with an explanation of why the text is there and the choices which need to be made
- Written in an easy to understand style enabling the less experienced drafter to understand more complex issues
- Serves as a guide to the interpretation of Trust documentation
1. The Raid on Trusts
2. First Principles
3. Style
4. Principles of Interpreting Trust Documents
5. Beneficiaries
6. Trustees
7. Trustees' Powers
8. Trust Property
9. The Rule Against Perpetuities
10. General Provisions of a Trust
11. Drafting Overriding Powers (appointment, Re0-settlement and Advancement)
12. Exercising Overriding Powers
13. Settlor Exclusion and Default Clauses
14. Lifetime Interest in Possession Trusts
15. Discretionary Trusts
16. Provisions Inconsistent with IP and IHT Special Trusts
17. Types of Will Trusts
18. Will Drafting after the FA 2008-08-28
19. Administration of Nil Rate Band Trusts
20. Wills and Care Fee Planning
21. Administrative Provisions
22. Bare Trusts
23. Trusts of Life Insurance Policies
24. Trusts of Pension Death Benefits
25. Charitable Trusts
26. Trusts of Damages
27. Trusts for Disabled Beneficiaries
28. Governing Law, Place of Administration and Jurisdiction Clauses
29. Restricting Rights of Beneficiaries
30. Execution of Wills and Trust Documents
31. Appointment and Retirement of Trustees
32. Indemnities for Trustees
Precedents for Lifetime Trusts
Precedents for Will Trusts
Other Precedents
Appendix 1: STEP Standard Provisions
Appendix 2: Annotated Bibliography
Appendix 3: Useful Websites
Appendix 4: NRB debt and charge arrangements: tax analysis
Appendix 5: Tax on payment of index linked nil rate sum
Appendix 6: Share of house in trust: CGT Private Residence Relief
Appendix 7: Definitions of “disabled” for tax purposes
Appendix 8: Notes on the translation of will precedents into Welsh
James Kessler QC is the most respected practitioner in the field. He pracitces in all areas of tax, but with special emphasis on private client work: inheritance tax, capital gains tax, trust tax, offshore tax planning. Special interests incliude trust drafting in relatively plain English; trusts and wills generally; pensions; Foreign Domiciliaries; Charity tax; Tax aspects of prosecution for tax offences. Founder of Trusts Discussion Forum and of Taxation of Foreign Domiciliairies Online.
Leon Sartin has a practice covering all areas of Chancery work, with an emphasis on trusts, pensions, probate, tax and estate planning, inheritance and family provision, real property and landlord and tenant and related professional negligence. He regularly advises on capital taxation and is experienced in drafting trust documentation.
Nielsen's blurb:
Drafting Trusts and Will Trusts is a highly practical book covering all aspects of drafting settlements and will trusts from first principals and definitions of common terminology to types of trusts and their various uses.
