Drafting Trusts and Will Trusts in the Channel Islands

Wills / Probate / Trusts

Drafting Trusts and Will Trusts in the Channel Islands

Edited by James Kessler, QC · Paul Matthams
Sweet & Maxwell U.K. November 2006

Specifications

ISBN-13
9780421957107
Publisher
Sweet & Maxwell U.K.
Publication
November 2006
Format
Hardback + CD-ROM
Jurisdiction
Guernsey, Jersey ? Countri(es) for reference only

Details

Discusses the principles of Jersey and Guernsey trust law,enabling practitioners to interpret and understand existingtrust settlements and to draft new ones with confidence.

  • Highlights the differences between Jersey and Guernseytrust law
  • Enables you to understand the law and to draft safe, accuratetrusts, according to the law in either jurisdiction
  • Advises on the best trust to use in each situation and providessolutions to drafting problems
  • Highlights common mistakes and traps
  • Covers both lifetime trusts and will trusts
  • Cites Jersey and Guernsey case law, both reported andunreported
  • Offers a clear, easy-to-understand style, free of technical jargon
  • Contains precedents which are also provided on CD-ROM forquicker drafting
  • Written by two highly regarded trust practitioners, so youknow you can rely on the advice given

Table of Contents

  • Trusts in Jersey and Guernsey – An Introduction
  • Style
  • Principles of Interpreting Trust Documents
  • Beneficiaries
  • Trustees
  • Trustees’ Powers
  • Trust Property
  • Duration of the Trust
  • General Provisions of a Trust
  • Drafting and Understanding Overriding Powers (Appointment,Re-Settlement and Advancement)
  • Exercising Overriding Powers
  • Settlor Exclusion Clause and Default Clause
  • Discretionary Trusts
  • Interest in Possession Trusts
  • Administrative Provisions
  • Will Trusts
  • Charitable Trusts
  • Non-Charitable Purpose Trusts
  • Proper Law, Place of Administration and Jurisdiction Clauses
  • Restricting Rights of Beneficiaries
  • Execution of Wills and Trusts Instruments
  • Appointment and Retirement of Trustees
  • Indemnities for Executors and Trustees
  • Precedents:
    • Discretionary Trust
    • Interest in Possession Trust for Settlor
    • Precedents for Administrative Provisions
    • Discretionary Will Trust for Non Jersey/GuernseyDomiciled Testator
    • Charitable Trust
    • Administrative Provisions for a Charitable Trust
    • Precedents for Supplemental Documents
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