The new 5th edition of Sweet & Maxwell’s easy to use, “how-to” guide for the general practitioner by Catherine Sanders shows how to use declarations of trusts to protect clients’ interests. It deals with all situations where a declaration of trust can be used – such as property purchases, wills, insurance policies and company shareholdings – giving step-by-step drafting guidance.
- Explains the role of a declaration of trust, when it should be used and what it can achieve
- Covers the full range of transactions where a declaration of trust can be useful, including property purchases, joint tenancies and company shareholdings
- Organised transaction-by-transaction so practitioners can go straight to the advice they need
- Each chapter contains a short, clear narrative explaining the key issues
- Contains a whole host of precedents which can easily be adapted to the situation in hand
- Features all the precedents on a CD-ROM to aid rapid drafting
- Reproduces Land Registry forms completed as each situation requires
- Covers tax issues to be considered when using declarations of trust
- Gives guidance on recent property and tax legislation, including abolition of the presumption of advancement (Equality Act 2010), changes to the pensions regime in successive Finance Acts, and changes to the Capital Gains Tax and Stamp Duty Land Tax regimes
- Explains the impact of important recent case law in areas such as constructive trusts (Jones v Kernott), severance of joint tenancies (Davis and Anor v Smith), secret/half secret trusts (Execs of Lucian Freud v Paul McAdam Freud) and mutual wills (Charles v Fraser)
Highlights of the new edition
- Abolition of the presumption of advancement (Equality Act 2010)
- Developments in the law relating to constructive trusts (see especially Jones v Kernott  UK SC 53)
- Changes to the Pensions regime in FA 2011, FA 2014 and forthcoming 2015 changes
- Miscellaneous minor changes to tax rules eg CGT annual exemption and rules for main residence regime, SDLT rates and thresholds etc
- Case law on severance of joint tenancies (Davis and Anor v Smith  EWCA Civ 1603)
- Case law on secret/half secret trusts (Execs of Lucian Freud v Paul McAdam Freud 2014 EWHC 2577(Ch)
- Case law on mutual wills – Charles v Fraser EWHC Civ 2154 Ch
Written by leading lawyers in the field, this popular guide to the tax efficient drafting of wills, estate planning and administration provides practitioners with help and guidance on everyday estate planning and will drafting and discusses the typical problems and pitfalls that may be encountered in practice. The precedents have been carefully selected to deal in a straightforward fashion with common needs of clients.
The book begins by looking at the essential legal framework of wills, trusts and taxation through a combination of detailed and authoritative commentary, worked examples and expertly drafted precedents. It then examines specific topics including: transferable nil rate band, using IPDIs, provision for children, pilot trusts, gifts, APR and BPR, obtaining the grant, instruments of variation and disclaimer, constituting and administering the will, and tax efficient administration.
This edition has been extensively revised and includes four new chapters:
- Notes for the Will Draftsman
- Gifts to Charity and the Reduced IHT Rate
- Obtaining the Grant
- Constituting and Administering the Will
The authors’ narrative commentary is supplemented by 40 precedents which are included on an accompanying CD-ROM, allowing users to download and adapt each document as necessary.
The numbers of unmarried cohabiting couples continue to increase, with the result that the law and practice relating to this area continues to grow in significance for family and private client lawyers. The new 6th edition of Cohabitation: Law Practice and Precedents from Jordan Publishing has been extensively revised to take account of all procedural developments, as well as analysis of significant case-law.
Whether preparing a cohabitation contract or pre-nuptial agreement, drafting wills for cohabiting couples, advising on rights on the breakdown of a relationship or the death of a partner, or applying for a personal protection order or a parental responsibility agreement, practitioners will find authoritative analysis of the applicable law and expert guidance on procedural issues.
Cohabitation: Law, Practice and Precedents is the only work on the subject to provide commentary, checklists, procedural guides and precedents in a single volume making it an invaluable aid to all practitioners advising unmarried couples. This new edition comes with a CD-ROM containing all the precedents covered in the volume.
Essential reading for all practitioners who advise unmarried couples:
- Solicitors and Barristers practising in both family and private client law
- Family mediators
- Financial advisers
Sale and Supply of Goods and Services 3rd edition by Richard Christou is a practical guide for commercial lawyers providing a comprehensive view of transactions relating to the supply of goods and services.
The core of the book deals with pre-contractual issues, the formation of the relevant contracts and the discharge of contractual obligations providing practitioners with the information needed to solve the issues encountered in practice. This edition includes a CD-Rom of precedents.
New commentary includes:
- An up-to-date analysis of consumer protection law, including the latest development from EU law and an analysis of the consumer rights bill 2014-2015 currently going through parliament
- An analysis of the current position on consumer credit law, including the new role of the financial conduct agency
- An analysis of the new legislation dealing with off-premises and distance contracts after the implementation of the consumer rights directive
- Gives a complete guide to the principles, practice and procedure for all aspects of the supply of goods and services
- Provides the information to solve the issues encountered in practice
- Covers pre-contractual issues, the formation of contracts, the discharge of contracts and defective performance
- Looks at the legal principles, the practical issues relating to making and refuting claims, and the use of third parties to resolve them, giving the background as well as the tactics to employ
- Covers business to business and business to consumer transactions, as well as transactions between private individuals
- Includes a whole section on Sale of Goods and the Internet
- Considers the factors which can make a defective contract including mistake, frustration and force majeure, clarifying the principles
- Helps resolve clients disputes by providing guidance on remedies for defective performance under contract and tort , and where misrepresentation or unjust enrichment are involved
- Covers the methods of dispute resolution which are available including the county court, High Court, arbitration, mediation and ADR
Commercial Contracts: A Practical Guide to Standard Terms 4th edition by Susan Singleton and Richard Lawson is an invaluable guide to the practical aspects of drafting and interpreting commercial contracts.It provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including:
Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts.
It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts.
Commercial Contracts: A Practical Guide to Standard Terms, 4th edition is an essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law.
Published December 2014, Drafting Trusts and Will Trusts 12th edition, written by James Kessler QC, is a crucial guide to drafting and understanding will and trust documents. The work offers a comprehensive selection of precedents to suit a wide range of trust requirements, and helps ensure the practitioner can make the best succession planning judgements through the use of the correct trust.
- 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
- Discusses trust and will trust amendments required by the Trusts (Capital and Income) Act 2013, the Marriage (Same Sex Couples) Act 2013
- Includes guidance on the Inheritance and Trustees’ Powers Act 2014
- Coverage of the Finance Acts 2013 and 2014
- Deals with significant case law, including Loring v Woodland Trust and Brooke v Purton on transferable nil rate bands
- Written in an easy to understand style enabling the less experienced drafter to comprehend more complex issues
- Additional precedents including administrative provisions for wills and trusts
- Includes Welsh language precedents
Sale of Shares and Businesses 4th edition, published December 2014, is a comprehensive guide to the acquisition of businesses in the UK, whether the acquisition is structured by way of a purchase of shares or a purchase of assets. This title includes comments and explanations on the main issues which arise on such transactions. In addition to commentary, precedents are included in paper and electronic formats.
Provides guidance for every sale of a business
- Gives guidance on every part of the sale of business so you can make sure everything is covered and nothing is missed out
- Helps you draw up agreements for every type of business client using examples drawn from all sizes of transactions from the sales of small business to multi-million pound deals
- Helps you represent either the buyer and the seller
- Goes through both sale of shares and the sale of assets so whichever way the business is being bought, you’ll have all the right advice and correctly drafted documents to give to your clients
Recommended by the Institute of Professional Willwriters, Parker’s Will Precedents 8th edition (previously Parker’s Modern Wills Precedents) is a well-established and highly regarded publication, renowned for its clarity of drafting.The eighth edition provides private client solicitors and professional will drafters with a thorough understanding and working knowledge of the current will drafting process and the ability to draft better wills. It covers practical situations and offer pragmatic advice, rather than just the theory involved.
Parker’s Will Precedents 8th edition provides:
- A comprehensive collection of precedents aimed at anyone who needs to draft wills – also included on a CD ROM, for easy use and adaptability
- A variety of precedents for individual clauses as well as a set of complete wills catering for different scenarios
- An emphasis on clarity, practicality and simplicity, so you can quickly draft legally sound wills for a variety of circumstances
- Notes and guidance on drafting and additional materials, including letters, support materials and extracts from relevant legislation
This edition is updated to take account of the following legislation and guidance
- Inheritance and Trustees’ Powers Act 2014
- Institute of Professional Will-writers code of practice
- Law Society’s guide to will-writing
- STEP’s guide to will-writing (Society of Trust and Estate Practitioners)
The new edition includes new chapters on the gifting of digital assets and wills made in the court of protection, and has substantially revised the chapters on inheritance tax inheritance tax mitigation.
Published August, the ninth edition of Beswick and Wine: Buying and Selling Private Companies and Businesses by Susan Singleton adopts a practical approach, considering both the vendor’s and seller’s perspective and providing the practitioner with a step-by-step guide to all the legal, taxation and commercial issues involved in buying and selling private companies and businesses. It includes check-lists, draft enquiries, letters of disclosure and a specimen completion agenda, together with an accompanying free disk containing all the precedents in the work.
As most acquisitions in the UK are largely private sales, the companies expressed to be bought or sold in the book are unquoted; and limited by shares and incorporated under the Companies Acts; and private. As the sale and purchase process varies depending upon the identity of the party initiating it the book covers the sale process from the seller’s perspective (Part I) and covers the acquisition process from the purchaser’s perspective (Part II) as well as looking at the acquisition agreement (Part III), post-completion (Part IV) and special situations (Part V). It also contains precedents on a CD-ROM (Part VI) including data room rules; an offer letter; share purchase; an offer letter business transfer; a due diligence request; completion agenda; a disclosure letter.
The ninth edition has updated to reflect the following changes in the law relevant to those buying and selling businesses including:
- Changes to competition law in the Enterprise and Regulatory Reform Act 2013 ;
- Case law on business sales, indemnities and warranties;
- Tax rates and changes including entrepreneurs’ relief and the most recent Finance Acts;
- Relevant EU law changes in the areas of company law and data protection.
Written by James Kessler QC, Tony Pursall and Naresh Chand, this crucial guide, published August 2014, explains the issues involved in Drafting British Virgin Islands Trusts. The title offers an extensive selection of trust precedents to suit a wide range of requirements, and helps to ensure that practitioners prepare accurate and effective trust documents which precisely meet client requirements and reflect the current law and practice.
This first edition is based on James Kessler’s Drafting Trusts and Will Trusts – A Modern Approach, 11th edition. The intention is for it to be an aid to the British Virgin Islands drafter, discussing the variety of issues which commonly arise when drafting British Virgin Islands trust documents.
The book provides a set of precedents written in plain legal English for the different types of trusts and certain ancillary documents governed by British Virgin Islands law, together with a detailed commentary on the text of those precedents – which are also available on CD-Rom.
- Practical guidance on the current law
- Detailed commentary on the recent changes to the VISTA Act and other trust-related laws
- Legal analysis
- Information on the various types of trusts including discretionary trusts, purpose trusts, VISTA trusts and charitable trusts.