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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published
This book is now Out of Print.
A new edition has been published, the details can be seen here:
Declarations of Trust: A Drafting Handbook 5th ed isbn 9780414051812

Declarations of Trust: A Draftman's Handbook 4th ed

ISBN13: 9780414041196
New Edition ISBN: 9780414051812
Previous Edition ISBN: 042188990X
Published: September 2009
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback & CD-ROM
Price: Out of print

Declarations of Trust provides expert guidance on using declarations of trust to protect clients' interests. It deals with the many different situations in which a declaration of trust can be used, and contains a whole host of precedents which can easily be adapted to the situation at hand. What's more , the work reproduces all the precedents on an accompanying CD-ROM for ease of use and quicker drafting.

The 4th edition is fully updated with all recent property and tax legislation including:

    Changes to CGT rules;
  • Finance Act 2008 changes to IHT
  • Changes to Stamp duty and SDLT in FA 2008
  • Changes in the right to buy rules under Housing Act 2004 (Chapter 4)
  • Changes to the tax treatment of pension schemes from April 2006 (Chapter 5)
  • Companies Act 2006 changes ( Chapter 6)
It also includes new material on joint bank accounts including commentary and new precedents,

Property Law, Equity and Trusts
Table of Cases
Table of Statutes
Table of Instruments
1. General principles
The certainties of a trust
Resulting trusts and presumption of advancement
Matrimonial and Inheritance Act proceedings
Legal title
Trusts of land
Parties to the declaration
Registered and unregistered land
2. Property purchased as tenants in common
The legal title
The contents of the declaration
Death of a tenant in common
Continuing residence for the survivor
Steps to be taken
3. Property purchased by beneficial joint tenants. Subsequent adjustments of interests.
The shares of the former joint tenants following severance
Contents of the declaration
Restrictions on the appointment of new trustees
Steps to be taken
4. Legal owner of home holding for another (or for self and another)
Nominee conveyance
The council house
Recognition of another's contribution
Transfer of entire beneficial ownership
Steps to be taken
5. Insurance policies
The contents of the declaration of trust/assignment
Pension Death Benefits
Steps to be taken following the declaration
6. Company shareholdings
Shares in the subsidiary
The nominee/trustee shareholder
Trust provisions
Additional matters
7. Indivisible assets
Declaration of trust of chattels
Declaration of trust of part of a debt
Steps to be taken
8. In conjunction with wills - the half secret trust
The reason for a half secret trust
The requirements of a half secret trust
Inheritance tax
Mutual wills
Steps to be taken