Drafting Trusts and Will Trusts 9th edition
| Author | James Kessler and Leon Sartin
| | Publisher | Sweet & Maxwell
| | Products | Drafting Trusts and Will Trusts 9th edition Hardback+CD | £120+VAT
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9th edition December 2008
Details below refer to the 8th edition
Features
With an emphasis on clarity and ease of understanding, Drafting Trusts and Will Trusts has won a reputation for bringing a fresh approach to creating clear and effective documents. It cuts through verbosity and avoids all outdated and unnecessary complexities to help the practitioner prepare trust documents which are exactly what the client requires.
- Provides a wealth of valuable advice to simplify the drafting process
- Goes through the general issues in drafting trusts and will trusts; the choices that have to be made and the issues that concern the settlor and testator
- Covers the technical issues involved in drafting settlements, along with common mistakes and traps
- Contains a comprehensive range of precedents, drafted in clear English, including lifetime settlements, will trusts and administrative provisions
- New coverage in the 8th edition includes the changes in the Finance Acts 2005 and 2006 and the Civil Partnership Act 2004 and a new chapter on property protection trusts
- Provides the precedents on CD-ROM
Reviews
This original and thought-provoking book will be invaluable to trust practitioners, whether aspiring or experienced. It is imparted in such a refreshingly light style that the reader is scarcely conscious of the profound learning which the author, a practising barrister, brings to his subject.
Law Society's Gazette - of previous edition
An impressive, thought-provoking and learned work which is lucidly written and elegantly produced. Any trust practitioner of whatever vintage will profit from reading it.
Private Client Business - of previous edition
The reviewer highly recommends the book as a refreshing and practical approach to a difficult subject
Taxation - of previous edition
This is a marvellous book. . . Deserves the warmest welcome and the author the deepest gratitude of the profession.
The Conveyancer - of previous edition
It can be confidently recommended.
Personal Tax Planning Review - of previous edition
With a work such as this, the question is not whether a TEP should have a copy. If he does not already possess in his library one of the earlier edititions then the matter is simple. He should buy this one.
STEP Newsletter - of previous edition
Contents
Chapter 1 FA 2006: The Raid on Trusts
Chapter 2 First Principles
Chapter 3 Style
Chapter 4 Principles of Interpreting Trust Documents
Chapter 5 Beneficiaries
Chapter 6 Trustees
Chapter 7 Trustees Powers
Chapter 8 Trust Property
Chapter 9 The Rule Against Perpetuities
Chapter 10 General Provisions of a Trust
Chapter 11 Drafting and Understanding Overriding Powers (Appointment, Re-settlement and Advancement)
Chapter 12 Exercising Overriding Powers
Chapter 13 Settlor Exclusion and Default Clauses
Chapter 14 Interest in Possession Trusts
Chapter 15 Discretionary Trusts
Chapter 16 Provisions Inconsistent with IP and Other Special Trusts
Chapter 17 Will Trusts
Chapter 18 Wills and Care Fee Planning
Chapter 19 Administrative Provisions
Chapter 20 Bare Trusts
Chapter 21 Trusts of Life Insurance Policies
Chapter 22 Charitable Trusts
Chapter 23 Trusts of Damages
Chapter 24 Trusts for Disabled Beneficiaries
Chapter 25 Governing Law, Place of Administration and Jurisdiction Clauses
Chapter 26 Restricting Rights of Beneficiaries
Chapter 27 Stamp Duty and SDLT
Chapter 28 Execution of Wills and Trust Deeds
Chapter 29 Nil Rate Band Trusts
Chapter 30 Appointment and Retirement of Trustees
Chapter 31 Indemnities for Trustees
Precedents
Precedents for Lifetime Trusts
Interest in possession trust for adult beneficiary
Interest in possession trust for settlor
Discretionary trust
Charitable trust
Precedents for Will Trusts
1. Discretionary will trust
2. Life interest for surviving spouse
3. Life interest for surviving spouse with absolute gift of nil rate sum
4. Life interest for surviving spouse with nil rate band discretionary trust
5. Nil rate band discretionary trust; residue to surviving spouse absolutely
6. NRB discretionary trust; residue to: (1) surviving spouse absolutely (2) discretionary trust (if no surviving spouse)
7. NRB discretionary trust; residue to partner (not spouse) absolutely
Other Precedents
Administrative Provisions
Nil Rate Band Discretionary Trust: Spouse Undertaking
Nil Rate Band Discretionary Trust: Charge over half share of land
Retirement and appointment of new trustee
Appendices
Appendix 1: STEP Standard Provisions
Appendix 2: Annotated Bibliography
Appendix 3: Useful Websites
Appendix 4: NRB debt and charge arrangements: tax analysis
Appendix 5: Definitions of “disabled” for tax purposes
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