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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition was published, see:
Drafting Trusts and Will Trusts: A Modern Approach 12th ed isbn 9780414034372

Drafting Trusts and Will Trusts: A Modern Approach 11th ed

ISBN13: 9780414025011
New Edition ISBN: 9780414034372
Previous Edition ISBN: 9780414042926
Published: December 2012
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & CD-ROM
Price: Out of print

With an emphasis on clear English and ease of understanding, Drafting Trusts and Will Trusts 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 new 11th edition incorporates all recent developments in the law, including analysis of the latest case law.

  • Features a comprehensive range of precedents, drafted in clear English
  • Supplies a wealth of commentary to simplify the drafting process
  • Goes through the choices that have to be made and the issues that concern the settler and testator
  • Explains the technical issues involved in drafting settlements, along with common mistakes and traps
  • Discusses the second edition of the STEP provisions in-depth
  • Includes changes under the Finance Act 2011 and Finance Act 2012
  • Reviews recent case law
  • Provides the precedents on a CD-ROM for rapid drafting

Equity and Trusts, Wills and Probate
1. The Raid on Trusts
2. First Principles
3. Style
4. Principles of Interpreting Trust Documents
5. Beneficiaries
6. Trustees
7. Trustees' Powers
8. Trust Property
9. The Rule Against Perpetuities
10. General Provisions of a Trust
11. Drafting Overriding Powers (appointment, Re0-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 after the FA 2008-08-28
19. Administration of Nil Rate Band Trusts
20. Wills and Care Fee Planning
21. Administrative Provisions
22. Bare Trusts
23. Trusts of Life Insurance Policies
24. Trusts of Pension Death Benefits
25. Charitable Trusts
26. Trusts of Damages
27. Trusts for Disabled Beneficiaries
28. Governing Law, Place of Administration and Jurisdiction Clauses
29. Restricting Rights of Beneficiaries
30. Execution of Wills and Trust Documents
31. Appointment and Retirement of Trustees
32. Indemnities for Trustees

Precedents for Lifetime Trusts
Precedents for Will Trusts
Other Precedents

Appendix 1: STEP Standard Provisions
Appendix 2: Annotated Bibliography
Appendix 3: Useful Websites
Appendix 4: NRB debt and charge arrangements: tax analysis
Appendix 5: Tax on payment of index linked nil rate sum
Appendix 6: Share of house in trust: CGT Private Residence Relief
Appendix 7: Definitions of “disabled” for tax purposes
Appendix 8: Notes on the translation of will precedents into Welsh