James Kessler KC, Amy Berry, James Davies, Michael Ranson, Chris de Beneducci

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With an emphasis on clear English and ease of understanding, Drafting Trusts and Will Trusts: A Modern Approach has won a reputation for bringing a fresh approach to creating documents. It provides guidance on best practice when drafting trusts and will trusts, and features a comprehensive range of newly updated precedents, drafted in a straightforward, modern style.

The work helps ensure the practitioner can make the best succession planning judgments through the use of the correct wills and trusts, and is a practical tool to simplify the drafting of trusts, with easy-to-understand guidance and valuable precedents that are ready to use.

The new 15th edition incorporates all recent developments in the law, including analysis of the latest case law.

• 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.

Contents:

Part 1 – Trust Drafting
1. The Raid on Trusts
2. First Principles
3. Style
4. Principles of Interpreting Trust Documents
5. Beneficiaries
6. Executors and Trustees
7. Trustees’ Powers
8. Trust Property
9. The Rule Against Perpetuities
10. General Provisions of a Trust
11. Drafting Overriding Powers (Appointment, Re-Settlement and Advancement)
12. Exercising Overriding Powers
13. Settlor Exclusion and Default Clauses
14. Lifetime Interest in Possession Trusts
15. Discretionary Trusts
16. Provisions Inconsistent With IP and IHT Special Trusts
17. Types of Will Trusts
18. Will Drafting
19. Administration of Nil Rate Band Trusts
20. Wills and Care Fee Planning
21. Administrative Provisions
22. Co-Ownership Trusts of Land
23. Bare Trusts
24. Trusts of Life Insurance Policies
25. Trusts of Pension Death Benefits
26. Charitable Trusts
27. Disaster Appeal Trusts
28. Trusts of Damages
29. Trusts for Disabled Beneficiaries
30. Governing Law, Place of Administration and Jurisdiction Clauses
31. Restricting Rights of Beneficiaries
32. Execution of wills and Trust Documents
33. Appointment and Retirement of Trustees
34. Indemnities for Executors and Trustees
35. Family Limited Partnerships

Part 2 – Precedents
Precedents for Lifetime Trusts
Precedents for Will Trusts
Precedents for Administrative Provisions
NRB Discretionary Trusts: Supplemental Documentation
Appointments of New Trustees
Co-Ownership Trusts
Legal Charge

Appendix
1. Standard Provisions of The Society of Trust and Estate Practitioners
2. Annotated Bibliography
3. NRB Debt and Charge Arrangements: Tax Analysis
4. Tax on Payment of Index-Linked Nil Rate Sum
5. Share of House in Trust: CGT Private Residence Relief
6. Definitions of “Disabled Person” for Tax Purposes
7. Notes on The Translation of Will Precedents into Welsh