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Drafting Trusts and Will Trusts

Drafting Trusts and Will Trusts
A Modern Approach
15th Edition
Practice Area:  Trusts Law
ISBN:  9780414111844
Published by:  Sweet & Maxwell
Publication Date:  23 Jun 2023
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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.

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CONTENTS

Part 1 – Trust Drafting
  1. THE RAID ON TRUSTS
  2. FIRST PRINCIPLES
  3. STYLE
  4. PRINCIPLES OF INTERPRETING TRUST DOCUMENTS
  5. BENEFICIARIES
  6. EXECUTORS AND TRUSTEES
  7. TRUSTEES’ POWERS 
  8. TRUST PROPERTY 
  9. 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 OFWILL 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 OFWILLS 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 FORWILL TRUSTS 
  • PRECEDENTS FOR ADMINISTRATIVE PROVISIONS 
  • NRB DISCRETIONARY TRUSTS: SUPPLEMENTAL DOCUMENTATION 
  • APPOINTMENTS OF NEW TRUSTEES 
  • CO-OWNERSHIP TRUSTS 
  • LEGAL CHARGE 

Appendix Part
  • APPENDIX 1 STANDARD PROVISIONS OF THE SOCIETY OF TRUST AND ESTATE
  • PRACTITIONERS 
  • APPENDIX 2 ANNOTATED BIBLIOGRAPHY 
  • APPENDIX 3 NRB DEBT AND CHARGE ARRANGEMENTS: TAX ANALYSIS
  • APPENDIX 4 TAX ON PAYMENT OF INDEX-LINKED NIL RATE SUM 
  • APPENDIX 5 SHARE OF HOUSE IN TRUST: CGT PRIVATE RESIDENCE RELIEF 
  • APPENDIX 6 DEFINITIONS OF “DISABLED PERSON” FOR TAX PURPOSES 
  • APPENDIX 7 NOTES ON THE TRANSLATION OF WILL PRECEDENTS INTO WELSH 


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