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Practical Trust Precedents

AuthorsRichard Underwood, Keith Bruce-Smith, Murray Hallam, Paul Clark
PublisherSweet & Maxwell
ProductsPractical Trust Precedents CD£534+VAT(S)
Practical Trust Precedents Disk£299+VAT(C)
Practical Trust Precedents Looseleaf£356(C)
Service1 update p.a. (S) Updating is by annual subscription; price includes service to December 2008. (C) Updates are charged by release.

CD version is a complete electronic edition presented in Folio Views. Precedents can be exported as Word or WordPerfect documents. Selected documents can be drafted with HotDocs.
Disk version is a set of Word documents. It does not include introductions and commentaries.

Complete Index as at Release 25 & 26 — July 2007

A: Accumulation and Maintenance Settlements

Absolute trusts

A1A1 Simple form-capital and income at 18

A1A2 Simple form-capital and income at 25 - amended

A1B Flexible form-discretionary default trusts

A1C Flexible form-simple default trusts

A2 Engrafted trusts

A2A Class of beneficiaries-discretionary default trusts

A2B Single beneficiary

A2C Class of beneficiaries-simple default trusts

A3 Wide form

A4 Maintenance and education trust - amended

A5A Simple form-per capita-simple default trusts

A5B Flexible form-per stirpes-discretionary default trusts

A6A1 Appointment creating outright at 18 trust - new

A6A2 Appointment creating 18-to-25 trust - new

A6B1 Resolution creating outright at 18 trust - new

A6B2 Resolution creating 18-to-25 trust (fixed shares) - new

A6B3 Resolution creating 18-to-25 trust (flexible form) - new

A6B4 Resolution creating 18-to-25 trust (immediate interests in possession) - new

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 - new

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

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

B5 Marriage 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 - new

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 - renumbered and amended

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

Marriage settlements

C3A Marriage settlement by parties to marriage - amended

C3B Marriage settlement by parents - amended

C3C Deed of covenant in consideration of marriage - amended

Bare trusts

C4A1 Declaration of trust by beneficial owners

C4B Declaration of trust with indemnity

C4C1 Bare trust for infant - amended

C4C2 Bare trust for infants (in equal shares) - amended

C4D Bare trust with management powers - amended

C4E1 Gift by way of declaration of trust-single donee

C4E2 Gift by way of declaration of trust-multiple donees

C5 Trust for provision of home during childhood on separation of parents - amended

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

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 - amended

E1B Release of powers

E1C Deed of disclaimer

Deeds of appointment

E2A Absolute appointment - amended

E2B1 Life interest appointment with remainder over - renumbered and amended

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

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

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

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

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

E2D Appointment of an unequal share - renumbered and amended

E2E Acceleration of life interest - renumbered and amended

E2F1 Appointment to a separate settlement out of discretionary settlement - amended

E2F2 Appointment to a separate settlement terminating life interest - amended

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) - renumbered and amended

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

E2I Revocation of existing appointment with new absolute appointment - renumbered and amended

E2J Revocation of existing appointment (no new appointment) - renumbered and 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 - renumbered and amended

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

E3C1 Advance to separate settlement

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

E3D Advance by way of variation of existing settlement - amended

E3E Advance to accelerate vesting date

E3F Deed of advancement terminating trust - amended

E3G Deed of transfer to separate settlement

Partition and variation

E4 Deed of partition - renumbered and amended

Assignment

E5A1 Assignment of life interest - amended

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 - renumbered and amended

E6B Appropriation to a fund - renumbered and amended

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 - amended

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

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 - amended

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 - renumbered and amended

E7J Appointment of new custodian trustee with simultaneous retirement - renumbered and amended

E7K Appointment by protector of alternate trustees

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 - amended

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

E7Q Deed of retirement following direction by beneficiary under TLATA S19(2)(a)

E7R Deed of appointment following direction by beneficiary under TLATA S19(2)(b)

E7S Deed of retirement and appointment following direction under TLATA 1996, s19

E7T Deed of retirement, appointment/continuation following direction by beneficiary

E7U Deed of appointment following direction by beneficiary under TLATA 1996 s20 - amended

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 - amended

E9C Reduction of trust period

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

E9E Application of TLATA 1996, s11

Enlargement of powers

E10A Enlargement by trustees - amended

E10B Enlargement by trustees in exercise of power of appointment

E10C Enlargement by beneficiaries - amended

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

E11B3 Indemnity in connection with reimbursement of tax paid by settlor of onshore trust for dependent children

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 - amended

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 Enduring power of attorney-standard form - amended

E12H Enduring power of attorney-restricted by Trustee Act 1925, s 25

E12I Revocation of enduring power of attorney

E12J Power of attorney under TLATA 1996, s 9

E12K Revocation of power of attorney under TLATA 1996, s 9

E12L Nominee custody agreement

E12M Irrevocable power of attorney given by way of security

E12N Deed of delegation made in exercise of express power in trust deed

Addition/nomination

E13A Memorandum of addition

E13B Letter of addition - amended

E13C Nomination of death benefit

E13D Letter of wishes - amended

Declarations of trust/joint settlors

E14A 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 Retention or sale of trust fund (sale subject to consent in relation to specified property) - amended

E15B1 Power of appointment of new trustees (with successive appointors)

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

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

E15J1 Definition of children and issue

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

E16 Notice of severance of joint tenancy

Trustees' resolutions

E17A Use of property

E17B1 Distribution of income (amount specified) - renumbered and amended

E17B2 Distribution of income (amount undistributed as at specified date) -new

E17C Loan - amended

E17D 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 - renumbered and amended

E18 Purchase price adjustment clause - amended

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 A1a2 - renumbered and amended

E19C1 Draft letter to accompany settlement in form of Precedent B1

E19C2 Trust summary for use with settlement in form of Precedent B1

E19D1 Draft letter to accompany settlement in form of Precedent C1a1

E19D2 Trust summary for use with settlement in form of Precedent C1a1

E19E1 Draft letter to accompany settlement in form of Precedent D4

E19E2 Trust summary for use with settlement in form of Precedent D4

E20 Trust checklist - amended

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

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 - amended

F1A3 General charitable appeal trust - renumbered and amended

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 - amended

F2 Constitution of ‘Friends’ association - renumbered and amended

F2 Constitution of ‘Friends’ association - renumbered and amended

F3A Memorandum recording change of trustees of charitable trust - renumbered and amended

F3B Small charity’s transfer of property - renumbered and amended

F3C Small charity’s modification of its purposes - renumbered and amended

F3D Unincorporated charity’s modification of its powers and procedures - renumbered and amended

F3E Small charity’s power to spend capital - renumbered and amended

F3F Authority to execute documents on behalf of charity trustees - renumbered and amended

F4A HMRC Model Gift Aid Declaration - renumbered and amended

F4B Declaration of intent to give - renumbered and amended

F5 Maintenance fund trust - renumbered and amended

G: Foreign Law

G1 Jersey discretionary settlement - replaced

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

G2B Variation of terms - new

H: Administrative Powers

H1 Administrative powers (long form) - amended

H2 Administrative powers (short form) - amended

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