Drafting Trusts and Will Trusts 13th edition

Authors: James Kessler and Leon Sartin

Publisher: Sweet & Maxwell

Format: Hardback + CD

Publication date: December 2016

Price: £125 + VAT

Written by James Kessler QC, Drafting Trusts and Will Trusts 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.

  • A highly practical work covering all aspects of drafting settlements and will trusts from first principals and definitions of common terminology to types of trusts and their various uses
  • Covers the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and matters which may safely be omitted
  • Includes a large selection of newly updated Precedents which are drafted in a straightforward, modern way
  • Precedents are accompanied with an explanation of why the text is there and the choices which need to be made
  • Written in an easy to understand style enabling the less experienced drafter to understand more complex issues
  • The book serves as a guide to the interpretation of Trust documentation
  • Second edition of the STEP provisions discussed in-depth and reproduced in Appendices
  • CD containing the precedents in the book for quick and easy drafting
  • The Appendices feature a handy list of useful websites

Contents (13th edition)

Chapter 1 The Raid on Trusts
Chapter 2 First Principles
Chapter 3 Style
Chapter 4 Principles of Interpreting Trust Documents
Chapter 5 Beneficiaries
Chapter 6 Executors and 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 Overriding Powers
Chapter 12 Exercise of Overriding Powers
Chapter 13 Settlor Exclusion and Default Clauses
Chapter 14 Interest in Possession Trusts
Chapter 15 Discretionary Trust
Chapter 16 Provisions Inconsistent with IP and Privileged Trusts
Chapter 17 Will Trusts
Chapter 18 Will Drafting
Chapter 19 Administration of Nil Rate Band Trusts
Chapter 20 Wills and Care Fee Planning
Chapter 21 Administrative Provisions
Chapter 22 Bare Trusts
Chapter 23 Trusts of Insurance Policies
Chapter 24 Trusts of Pensions Death Benefits
Chapter 25 Charitable Trusts
Chapter 26 Trusts of Damages
Chapter 27 Trusts for Disabled Beneficiaries
Chapter 28 Governing Law Administration and Jurisdiction Clauses
Chapter 29 Restricting Rights of Beneficiaries
Chapter 30 Execution of Wills and Trust Documents
Chapter 31 Appointment and Retirement of Trustees
Chapter 32 Indemnities for Trustees
Chapter 33 Family Limited Partnerships
Appendix 1: STEP Standard Provisions
Appendix 2: Select Bibliography and Websites
Appendix 3: NRB Tax
Appendix 4: NRB Interest
Appendix 5: Share of House in Trust CGT Private Residence Relief
Appendix 6: Definition of Disabled Person for Tax Purposes
Appendix 7: Notes on the Translation of Will Precedents into Welsh

CD contents

Admin Provisions for Trusts
Admin Provisions for Wills
Charitable Trust
Discretionary Trust
IP Trust
Pension Trust
NRB Appointment 1 absolute
NRB Appointment 2 Life Interest
NRB Appointment 3 Life Interest
NRB Appointment 4 Untransferable NRB
NRB Appropriation and Appointment
NRB Charge
NRB Spouse Undertaking
NT1 Retirement and appointment of new trustee
NT2 Appointment of new trustee after death of trustee (Companion CD only)
NT3 Appointment of additional trustee (Companion CD only)
NT4 Retirement without appointment of new trustee (Companion CD only)
NT5 Retirement and appointment of new trustee (Companion CD only)
NT6 Appointment of new trustee after death of trustee (Companion CD only)
NT7 Appointment of additional trustee (Companion CD only)
NT8 Retirement without appointment of new trustee
NT9 Appointment by personal representatives of last trustee (Companion CD only)
NT10 Appointment of New Trustee by Will (Companion CD only)
Indemnity on Appointment of New Trustees
Will 1 Discretionary will trust
Will 2 Life Interest for spouse/civil partner
Will 2A Life Interest for spouse/civil partner
Will 3 Residue to: (1) spouse/civil partner absolutely (2) discretionary trust (if no spouse/civil partner)
Will 4 Residue to: (1) spouse civil partner absolutely (2) IPDI trust (if no spouse/civil partner)
Will 5 Life interest for spouse/civil partner with absolute gift of untransferable Nil Rate Band
Will 6 Life interest for spouse/civil partner with discretionary trust of untransferable Nil Rate Band
Will 7 Discretionary Trust of untransferable Nil Rate Band; residue to spouse/civil partner absolutely
Will 8 Discretionary Trust of untransferable Nil Rate Band; residue to: spouse/civil partner absolutely (2) Discretionary trust (if no spouse/CP)
Will 9 Nil Rate Band Discretionary Trust; resident to cohabitee (not spouse/civil partner) absolutely