Subjects:

Equity and Trusts

Contents:

1. First Principles

2. Style

3. Principles of Interpreting Trust Documents

4. Beneficiaries

5. Trustees

6. Trustees Powers

7. Trust Property

8. The Rule against Perpetuities

9. General Provisions of a Trust

10. Drafting and Understanding Overriding Powers (Appointment, Re-settlement and Advancement)

11. Exercising Overriding Powers

12. Settlor Exclusion Clause and Default Clause

13. Interest in Possession Trusts

14. Accumulation and Maintenance Trusts

17. Discretionary Trusts

18. Provisions Inconsistent with IP, A&M and Discretionary Trusts

19. Will Trusts

20. Nil Rate Band Debt and Charge Arrangements

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. Stamp Duty

31. Execution of Wills and Trust Deeds

32. Appointments and Retirement of Trustees

33. Indemnities for Trustees

Precedents

Precedents for Lifetime Trusts

Precedents for Will Trusts

This popular text explains the issues involved in drafting trusts and will trusts and offers an extensive selection of precedents designed to suit a wide range of trust requirements. Updated to take into account the introduction of transferable nil rate bands in the Finance Act 2008, which has entirely altered the basis of drafting wills, the new edition will help ensure practitioners can make the best tax planning judgements through the use of the correct trust.

Written in an easy to understand style, the book explains the issues in drafting trusts and will trusts, the choices that have to be made and the issues that concern the settler and testator. It also covers all the technical issues involved in drafting settlements, common mistakes and traps, and which matters are essential and which may be safely omitted. An extensive selection of precedents, which are drafted in a straightforward and modern style to suit a wide range of trust requirements, are also included.

Other recent changes covered in the new edition are the continuing impact of the Charities Act 2006; the repeal of nominal £5 stamp duty in the Finance Act 2008; and recent case law such as AN v Barclays Private Bank (no-contest clauses); Breakspear v Ackland (letters of wishes); and Phizackerley v HMRC (NRB trusts). A CD-ROM containing all the precedents within the book is also included, and updates are available through a companion website.