Drafting Trusts and Will Trusts 14th edition

Authors: James Kessler and Charlotte John

Publisher: Sweet & Maxwell

Format: Hardback + CD

Publication date: June 2019

Price: £142 + VAT

The new 14th edition of Drafting Trusts and Will Trusts is a crucial guide to drafting and understanding wills and trust documents.

The work offers a comprehensive selection of precedents to suit a wide range of requirements, and helps ensure the practitioner can make the best succession planning judgments through the use of the correct wills and trusts.

This fully updated 14th edition has been written to incorporate all of the key developments in this area of law in the years since the publication of the previous edition.

Features of the 14th edition include:

  • Guidance on the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and those that can be safely be omitted
  • Coverage of the inheritance tax Residence Nil Rate Band
  • A new chapter on the drafting of co-ownership trusts of the family home and six new related precedents, including trusts providing for both fixed and floating shares and charge arrangements to protect third party contributions
  • Coverage of the Finance Act 2019
  • Updated chapters to reflect changes in law and practice including revised Law Society Guidance on Making Gifts of Assets, the use by beneficiaries of data protection legislation to obtain information about trusts, and the use of the STEP Standard Provisions in personal injury trusts
  • Written in an easy to understand style enabling the less experienced drafter to comprehend more complex issues
  • Fully reviewed and updated precedents for practical assistance with drafting
  • Precedents are accompanied with an explanation of why the text is there and the choices which need to be made

About the authors

James Kessler QC is a leading practitioner in the field of private client work. He is the founder of the Trusts Discussion Forum, the author of the STEP Standard Provisions, and of the book Taxation of Non-residents and Foreign Domiciliaries. In 2011 James received the Geoffrey Shindler Award for Outstanding Contribution to the Profession.

Charlotte John is a busy junior with a traditional chancery practice focusing on wills and probate, trusts, property law, and Court of Protection matters.

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