infolaw

Advertise here

Practical Trust Precedents

AuthorsRichard Underwood, Keith Bruce-Smith, Murray Hallam, Paul Clark
PublisherSweet & Maxwell
ProductsPractical Trust Precedents Looseleaf£489
Practical Trust Precedents on Disk£410+VAT
Service1 update p.a. Updates are charged by release.

Disk version is a set of Word documents. It does not include introductions and commentaries.

Complete Index as at Release 30 — March 2011

A: Trusts for Children

Absolute trusts

A1A Bare trust for a single beneficiary - amended

A1B Bare trust for multiple beneficiaries - amended

A2A Contingent trusts — capital and income at [25] - amended

A2B Contingent trusts — engrafted interests in possession - amended

A3 Maintenance and education trust - amended

A4 Trust for provision of home during childhood on separation of parents - amended

B: Non-Interest in Possession Settlements

B1 Discretionary settlement - amended

B2 Discretionary settlement with separate sub-funds - amended

B3 Employee trusts

B3A Employee trust - amended

B3B Employee share ownership trust - amended

B4A Settlement for disabled person complying with IHTA 1984, s 89 - amended

B4B Settlement for disabled person complying with IHTA 1984, s 89 and vulnerable beneficiary regime - amended

B4C Settlement by person expecting to become disabled complying with IHTA 1984, s 89A - amended

B5 Marriage/civil partnership settlement - amended

C: Interest in Possession Settlements

Life interest settlements

C1A1 Life interest settlement with overriding power exercisable at any stage and fixed trusts of capital in default appointment - amended

C1A2 Life interest settlement with overriding power exercisable when life tenant has an interest in possession - amended

C1A3 Life interest settlement with overriding power exercisable at any stage and discretionary trusts in default of appointment - amended

C1B1 Life interest settlement with no overriding power - amended

C1B2 Life interest settlement with discretionary trust remainders and no overriding power of appointment - amended

C1C1 Protective trust with no overriding power - amended

C1C2 Protective trust with overriding power of appointment - amended

C1D Life interest settlement with general power of appointment - amended

C1E Parallel life interest settlement - amended

C1F Joint life interest settlement with overriding power of appointment - amended

C2 Life interest settlement for disabled person complying with IHTA 1984, s 89B(1)(d) (settlor who will become disabled) - amended

Marriage settlements

C3A Marriage/civil partnership settlement by the parties - amended

C3B Marriage/civil partnership settlement by parents - amended

C3C Deed of covenant in consideration of marriage

Bare trusts

C4A Declaration of trust with indemnity (non-land)

C4B1 Gift (non land) by way of declaration of trust — single donee - amended

C4B2 Gift (non-land) by way of declaration of trust — multiple donees

D: Insurance Trusts

D1 Life policy request

D2A Pension death benefit trust (single policy) - amended

D2B Pension death benefit trust (multiple policies) - amended

D3 Declaration of trust with power of appointment - amended

D4 Life policy settlement

D5 Declaration of trust over endowment policy with reverter to grantee - amended

D6 Declaration of trust over life policy with critical illness benefit/accident cover - amended

E: Subsidiary Documents

Deeds of release

E1A Release of life interest

E1B Release of powers

E1C Deed of disclaimer

Deeds of appointment

E2A Absolute appointment

E2B1 Life interest appointment with remainder over - amended

E2B2 Appointment terminating life interest and creating new life interest with remainder over - amended

E2B3 Appointment terminating life interest and creating new parallel life interests with remainders over - amended

E2C1 Appointment by life tenant of reversionary income interest to surviving spouse/civil partner - amended

E2C2 Appointment by life tenant of reversionary income interest to surviving spouse/civil partner (period terminable by trustees) - amended

E2C3 Appointment by trustees of reversionary income interest to surviving spouse/civil partner

E2D Appointment of an unequal share

E2E Acceleration of life interest

E2F1 Appointment to a separate settlement out of discretionary settlement

E2F2 Appointment to a separate settlement terminating life interest

E2G Appointment on existing trusts of settlement for a narrower class of beneficiaries (optional provisions excluding settlor and spouse/civil partner [and minor children] from all benefit)

E2H Appointment amending the beneficial class and adding requirement for protector’s consent - amended

E2I Revocation of existing appointment with new absolute appointment

E2J Revocation of existing appointment (no new appointment)

E2K Contingent appointment for minors enabling accumulation of income - amended

E2L Appointment creating discretionary trusts - amended

Powers of advancement (and transfer)

E3A Absolute advance where property will be transferred immediately

E3B1 Absolute advance where legal title will be retained by the trustees

E3B2 Absolute advance where legal title will be retained by the trustees on bare trusts for a minor beneficiary

E3C1 Advance to separate settlement

E3C2 Advance to separate settlement — different sub-funds - amended

E3D1 Advance by way of variation of existing settlement - amended

E3D2 Deed of advancement creating a transitional serial interest for surviving spouse/civil partner - amended

E3E Advance to accelerate vesting date

E3F Deed of advancement terminating trust

E3G Deed of transfer to separate settlement

Partition and variation

E4 Deed of partition

Assignment

E5A1 Assignment of life interest

E5A2 Notice of assignment

E5B Assignment of reversionary interest - amended

E5C1 Assignment of life policy

E5C2 Notice of assignment of life policy

Covenants

E6A Appropriation to an absolute share

E6B Appropriation to a fund

Appointment of trustees

E7A1 Appointment of additional trustees to act with existing trustees

E7A2 Appointment by appointor of additional trustee to act with existing trustees

E7A3 Appointment by attorney/trustee of additional trustee to permit dealing in land

E7A4 Appointment by attorney of additional trustee to act with attorney in relation to land

E7B1 Appointment of new trustees with simultaneous retirement

E7B2 Appointment by appointor of new trustees with simultaneous retirement

E7B3 Appointment of new trustees with simultaneous retirement-fewer trustees appointed than retiring

E7B4 Appointment by appointor of new trustees with simultaneous retirement-fewer trustees appointed than retiring

E7C1 Appointment of new trustee with retirement and continuation

E7C2 Appointment by appointor of new trustee with retirement and continuation

E7C3 Appointment of new trustees with retirement and continuation-fewer trustees appointed than retiring

E7C4 Appointment by appointor of new trustees with retirement and continuation-fewer trustees appointed than retiring

E7D1 Retirement with no new appointment

E7D2 Retirement with no new appointment (consent of appointor)

E7E1 Appointment by appointor of new trustees of separate fund

E7E2 Appointment of new trustees of more than one separate fund

E7F Removal by appointor of trustees and replacement

E7G Appointment of additional trustees of insurance policy trust

E7H Appointment of new trustees by executors of last surviving trustee

E7I Appointment of custodian trustee

E7J Appointment of new custodian trustee with simultaneous retirement

E7K Appointment by protector of alternate trustees - amended

E7L Appointment by protector of new protector with simultaneous retirement

E7M Revocable nomination of successor protector

E7N Direction by beneficiaries to trustees under TLATA 1996 s19

E7O Directions by beneficiaries to trustees under TLATA 1996 s20

E7P Withdrawal of direction by beneficiaries to trustees under TLATA s19 and 20

E7Q Retirement following direction by beneficiary under TLATA S19(2)(a)

E7R Appointment following direction by beneficiary under TLATA S19(2)(b)

E7S Retirement and appointment following direction under TLATA 1996, s19

E7T Retirement, appointment/continuation following direction by beneficiary - amended

E7U Appointment following direction by beneficiary under TLATA 1996 s20

E7V Appointment with simultaneous retirement and simple indemnity - new

Disentailing Deeds

E8A Disentail creating absolute reversion

E8B Disentail enlarging on interest in possession

Deeds exercising specific powers

E9A Deed of addition of beneficiary - amended

E9B Deed of exclusion of beneficiary

E9C Alteration of trust period

E9D Exclusion of Trusts of Land and Appointment of Trustees Act 1996, ss19-20

E9E Application of TLATA 1996, s11

E9F Nomination of person to add Discretionary Beneficiaries - amended

E9G Application of the Perpetuities and Accumulations Act 2009, s 12(2) and alteration of the Trust Period

Enlargement of powers

E10A Enlargement by trustees

E10B Enlargement by trustees in exercise of power of appointment

E10C Enlargement by beneficiaries

Indemnity

E11A Indemnity on distribution

E11B1 Indemnity for breach of trust

E11B2 Indemnity in connection with reimbursement of tax paid by settlor of offshore trust

E11C1 Indemnity on change of trustees

E11C2 Indemnity and release of covenant on appointment of new trustees

E11C3 Indemnity and release of covenant on transfer of funds to beneficiary

Trustee powers of attorney and delegation

E12A1 Trustee power of attorney under Trustee Act 1925, s 25

E12A2 Trustee power of attorney in the form set out in Trustee Act 1925, s 25(6)

E12B Notice of grant of trustee power of attorney under Trustee Act 1925, s 25

E12C Revocation of trustee power under Trustee Act 1925, s 25

E12D Policy statement under Trustee Act 2000, s 15

E12E Power of attorney under Powers of Attorney Act 1971, s 10 by beneficial owner of land

E12F1 Statement by donee of a power granted by beneficial owner of land to be included in form of transfer or other deed dealing with land

E12F2 Attestation clause for transfer or other deed dealing with land

E12F3 Separate declaration if appropriate statement not included in transfer or other deed dealing with land

E12G Revocation of enduring power of attorney

E12H Power of attorney under the Trusts of Land and Appointment of Trustees Act 1996, s 9

E12I Revocation of power of attorney granted under the Trusts of Land and Appointment of Trustees Act 1996, s 9

E12J Nominee custody agreement - amended

E12K Irrevocable power of attorney given by way of security

E12L Deed of delegation made in exercise of express power in trust deed

Addition/nomination

E13A Memorandum of addition

E13B Letter of addition

E13C Nomination of death benefit

E13D Letter of wishes

Declarations of trust/joint settlors

E14A Settlement — joint settlors — third party trustees - amended

E14B Declaration of trust — third party trustees - amended

E14C Declaration of trust — trustees are joint settlors - amended

Additional clauses

E15A Power to appoint trustees exceeding four in number

E15B1a Power of appointment [and removal] of trustees (by appointors) — simple version

E15B1b Appointment and removal of trustees (by Appointor) — extended version - amended

E15B2 Power of appointment of new trustees-specified appointors for trustees

E15B3 Appointment of individual (senior) trustee - amended

E15C Power of removal and appointment of trustees

E15D Restriction on trustees' powers

E15E Power to appoint alternate trustees?alternative form

E15F Exclusion of Trusts of Land and Appointment of Trustees Act 1996, ss 19-20

E15G Exclusion of Trusts of Land and Appointment of Trustees Act 1996 s 11

E15H Power for trustees to act by majority

E15I Power to add beneficiaries - amended

E15J1 Definition of children and issue

E15J2 Definition of children and issue — recognition of illegitimate children by natural parent

E15k Retention or sale of trust fund (sale subject to consent in relation to specified property)

Documents relating to land

E16A Use of property

E16B1 Licence to occupy trust property (freehold) - amended

E16b2 Licence to occupy trust property (leasehold) - new

E16C1 Declaration of trust by beneficial owners — standard form - amended

E16C2 Declaration of trust by beneficial owners — adjustments for contributions to mortgage and improvements

E16C3 Declaration of trust confirming beneficial ownership as between trustees and beneficiary and setting out terms of occupation

E16D Declaration of trust relating to land with indemnity

E16E Bare trust of land with management powers

E16F1 Gift of land by way of declaration of trust — single donee

E16F2 Gift of land by way of declaration of trust — multiple donees

E16G Exercise of trustees’ powers in relation to a beneficiary’s right of occupation under Trusts of Land and Appointment of Trustees Act 1996, s 13

E16H Notice of severance of joint tenancy (equal shares)

Trustees’ resolutions

E17A1 Distribution of income (amount specified)

E17A2 Distribution of income (amount undistributed as at specified date)

E17B Loan

E18 Purchase price adjustment clause

Specimen letters, explanatory notes and trust summaries

E19A1 Explanatory notes for administrative powers (long form) - amended

E19A2 Explanatory notes for administrative powers (short form) - amended

E19B Draft letter to accompany settlement in form of Precedent A2a - amended

E19C Draft letter to accompany settlement in form of Precedent A2b - amended

E19D1 Draft letter to accompany settlement in form of Precedent B1 - amended

E19D2 Trust summary for use with settlement in form of Precedent B1 - amended

E19E1 Draft letter to accompany settlement in form of Precedent C1a1 - amended

E19E2 Trust summary for use with settlement in form of Precedent C1a1 - amended

E19f1 Draft letter to accompany settlement in form of Precedent D4 - amended

E19f2 Trust summary for use with settlement in form of Precedent D4 - amended

E20 Trust checklist

Alternative execution clauses

E21A Form of execution where a document is executed at direction of an individual party to it

E21B Form of execution where document executed by a person incapable of reading

E21C Form of execution where document executed by attorney on behalf of an individual

E21D Form of execution where document is executed by a company

E21E Clause for insertion in document dealing with execution in counterpart - amended

E21F Execution in duplicate -new

E22 Instructions for executing a deed

F: Public Settlements

Charitable trust

F1A1 General charitable trust - amended

F1A2 General charitable trust with powers reserved to founder

F1A3 General charitable appeal trust

F1B Specific charitable objects

F1C1 General charitable trust administrative powers - amended

F1C2 Addtional administrative powers for use with charitable appeal trust

F1C3 Further charitable trust administrative powers

F2 The Friends of the [________] Constitution

F3A Memorandum recording change of trustees of charitable trust

F3B Small charity’s transfer of property

F3C Small charity’s modification of its purposes

F3D Unincorporated charity’s modification of its powers and procedures

F3E Charity’s power to spend capital

F3F Authority to execute documents on behalf of charity trustees

F4A HMRC Model Gift Aid Declaration - amended

F4B Declaration of intent to give

F5 Maintenance fund trust - amended

G: Foreign Law

G1 Jersey discretionary settlement - amended

G2A Appointment of alternate trustees and change of trustees on happening of emergency event - amended

G2B Variation of terms

H: Administrative Powers

H1 Administrative powers (long form) - amended

H2 Administrative powers (short form) - amended

The Precedent Store

Product details

Purchase

Affiliates and sponsors

Advertise

AboutContactAdvertise
infolaw Limited 5 Coval Passage London SW14 7RE Registered in England number 2602204 VAT number GB 602861753