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Declarations of Trust 4th edition

AuthorCatherine Sanders
PublisherSweet & Maxwell
ProductsDeclarations of Trust 4th edition Paperback+CD£80+VAT

FEATURES

Declarations of Trust provides expert guidance on using declarations of trust to protect clients' interests. It deals with the many different situations in which a declaration of trust can be used, and contains a whole host of precedents which can easily be adapted to the situation at hand. What's more , the work reproduces all the precedents on an accompanying CD-ROM for ease of use and quicker drafting.

The 4th edition is fully updated with all recent property and tax legislation including:

  • New Land Registry forms
  • Changes to CGT rules;
  • Finance Act 2008 changes to IHT
  • Changes to Stamp duty and SDLT in FA 2008
  • Changes in the right to buy rules under Housing Act 2004 (Chapter 4)
  • Changes to the tax treatment of pension schemes from April 2006 (Chapter 5)
  • Companies Act 2006 changes (Chapter 6)
  • New material on joint bank accounts

CONTENTS

1. General principles

  • Introduction
  • The certainties of a trust
  • Resulting trusts and presumption of advancement
  • Insolvency
  • Matrimonial and Inheritance Act proceedings
  • Legal title
  • Trusts of land
  • Tax
  • Parties to the declaration
  • Registered and unregistered land

2. Property purchased as tenants in common

  • Introduction
  • The legal title
  • The contents of the declaration
  • Death of a tenant in common
  • Continuing residence for the survivor
  • Steps to be taken
  • Precedents

3. Property purchased by beneficial joint tenants. Subsequent adjustments of interests.

  • Introduction
  • Severance
  • The shares of the former joint tenants following severance
  • Contents of the declaration
  • Restrictions on the appointment of new trustees
  • Steps to be taken
  • Precedents

4. Legal owner of home holding for another (or for self and another)

  • Introduction
  • Nominee conveyance
  • The council house
  • Recognition of another's contribution
  • Transfer of entire beneficial ownership
  • Steps to be taken
  • Precedents

5. Insurance policies

  • Introduction
  • The contents of the declaration of trust/assignment
  • Pension Death Benefits
  • Steps to be taken following the declaration
  • Precedents

6. Company shareholdings

  • Introduction
  • Shares in the subsidiary
  • The nominee/trustee shareholder
  • Trust provisions
  • Additional matters
  • Precedents

7. Indivisible assets

  • Introduction
  • Declaration of trust of chattels
  • Declaration of trust of part of a debt
  • Steps to be taken
  • Precedents

8. In conjunction with wills - the half secret trust

  • Introduction
  • The reason for a half secret trust
  • The requirements of a half secret trust
  • Inheritance tax
  • Mutual wills
  • Steps to be taken
  • Precedents

REVIEWS

This book will delight trusts draftsmen for whom I am sure it will be invaluable...
New Law Journal

A useful and comprehensive guide. The necessary substance and check-lists are at his or her fingertips in this practical book.
Solicitors Journal (of the 1st edition)

The Precedent Store

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