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Drafting Trusts and Will Trusts: A Modern Approach, 15th Edition

Drafting Trusts and Will Trusts: A Modern Approach, 15th Edition

Author: James Kessler, QC; Charlotte John
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414111844

Previous Edition ISBN: 9780414068087
Published In: June 2023
Format: Hardback , 800 pages
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: $263.64

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Description
Contents
Author

Details

With an emphasis on clear English and ease of understanding, Drafting Trusts and Will Trusts: A Modern Approach has won a reputation for bringing a fresh approach to creating documents. It provides guidance on best practice when drafting trusts and will trusts, and features a comprehensive range of newly updated precedents, drafted in a straightforward, modern style.

The work helps ensure the practitioner can make the best succession planning judgments through the use of the correct wills and trusts, and is a practical tool to simplify the drafting of trusts, with easy-to-understand guidance and valuable precedents that are ready to use.

The new 15th edition incorporates all recent developments in the law, including analysis of the latest case law.

Covers the technical issues involved in drafting settlements, common mistakes and traps.
Precedents are accompanied with an explanation of why the text is there and the choices which need to be made.

Part 1 – Trust Drafting

The Raid on Trusts

First Principles

Style

Principles of Interpreting Trust Documents

Beneficiaries

Executors and Trustees

Trustees’ Powers

Trust Property

The Rule Against Perpetuities

10.

General Provisions of a Trust

11.

Drafting Overriding Powers (Appointment, Re-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

19.

Administration of Nil Rate Band Trusts

20.

Wills and Care Fee Planning

21.

Administrative Provisions

22.

Co-Ownership Trusts of Land

23.

Bare Trusts

24.

Trusts of Life Insurance Policies

25.

Trusts of Pension Death Benefits

26.

Charitable Trusts

27.

Disaster Appeal Trusts

28.

Trusts of Damages

29.

Trusts for Disabled Beneficiaries

30.

Governing Law, Place of Administration and Jurisdiction Clauses

31.

Restricting Rights of Beneficiaries

32.

Execution of wills and Trust Documents

33.

Appointment and Retirement of Trustees

34.

Indemnities for Executors and Trustees

35.

Family Limited Partnerships

Part 2 – Precedents

Precedents for Lifetime Trusts

Precedents for Will Trusts

Precedents for Administrative Provisions

NRB Discretionary Trusts: Supplemental Documentation

Appointments of New Trustees

Co-Ownership Trusts

Legal Charge

Appendix

Standard Provisions of The Society of Trust and Estate Practitioners

Annotated Bibliography

NRB Debt and Charge Arrangements: Tax Analysis

Tax on Payment of Index-Linked Nil Rate Sum

Share of House in Trust: CGT Private Residence Relief

Definitions of “Disabled Person” for Tax Purposes

Notes on The Translation of Will Precedents into Welsh

James Kessler QC is a leading practitioner in the field of private client work. He is the founder of the Trusts Discussion Forum, the author of the STEP Standard Provisions, and of the book Taxation of Non-residents and Foreign Domiciliaries. In 2011 James received the Geoffrey Shindler Award for Outstanding Contribution to the Profession.

Charlotte John is a busy junior with a traditional chancery practice focusing on wills and probate, trusts, property law, and Court of Protection matters.