Contents:

1. First Principles

2. Style

3. Principles of Interpreting Trust Documents

4. Beneficiaries

5. Trustees

6. Trustees' Powers

7. Trust Property

8. Rules against Perpetuities and Accumulations

9. General Provisions of a Trust

10. Drafting and Understanding Overriding Powers (Appointment Variation, Resettlement and Advancement)

11. Exercising Overriding Powers

12. Settlor Exclusion Clause, Tax Rates of Minors and Default Cause

13. Discretionary Trusts

14. Child Maintenance Trusts

15. Will Trusts

16. Administrative Provisions

17. Bare Trusts

18. Charitable Trusts

19. Trusts for Disabled Beneficiaries

20. Governing Law, Place of Administration and Jurisdiction Clauses

21. Restricting Rights of Beneficiaries

22. Execution of Wills and Trust Deeds

23. Appointment and Recruitment of Trustees

24. Indemnities for Executors and Trustees

25. Stamp Duty

Appendix

Annotated Bibliography

Precedents

i. Discretionary Trust

ii. Child Maintenance Trust

iii. Charitable Trust

iv. Will Precedents

v. Administrative Provisions for Wills

vi. Change of Trustee Precedents

Index

Based on a highly acclaimed UK title, Drafting Trusts and Will Trusts in Australia has been comprehensively adapted to provide authoritative guidance on drafting trusts and will trusts in eight Australian jurisdictions.

Providing both a comprehensive range of precedents and a wealth of valuable advice, Drafting Trusts and Will Trusts in Australia cuts through verbosity and helps you to understand and prepare trust documents your client wants and needs. The book features chapters on key areas of trust law, including beneficiaries, trustees, trustee’s powers and general provisions of a trust.

Drafting Trusts and Will Trusts in Australia also offers a large number of precedents for both lifetime and will trusts. The precedents, which appear in printed form and on an accompanying CD-Rom, reveal a fresh approach to creating documents.

A unique addition to the Australian market, Drafting Trusts and Will Trusts in Australia is an essential reference for those practising in tax law, estate and succession planning, family law and property law.