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Vol 22 No 7 July/August 2017

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Drafting Trusts and Will Trusts: A Modern Approach 13th ed isbn 9780414057470

Drafting Trusts and Will Trusts: A Modern Approach 12th ed


ISBN13: 9780414034372
New Edition ISBN: 9780414057470
Previous Edition ISBN: 9780414025011
Published: December 2014
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 12th 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
  • 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

Subjects:
Equity and Trusts, Wills and Probate
Contents:
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, 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
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 Executors and Trustees
33. Family Limited Partnerships

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;