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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Drafting Trusts and Will Trusts in the Channel Islands 2nd ed

ISBN13: 9780414027503
Previous Edition ISBN: 9780421957107
Published: January 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & CD-ROM
Price: £423.00 + £8.46 VAT

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The 2nd edition of Drafting Trusts and Will Trusts in the Channel Islands discusses the principles of Jersey and Guernsey trust law, enabling practitioners to interpret and understand existingtrust settlements and to draft new ones with confidence.

  • Highlights the differences between Jersey and Guernsey trust law
  • Enables you to understand the law and to draft safe, accurate trusts, according to the law in either jurisdiction
  • Advises on the best trust to use in each situation and provides solutions to drafting problems
  • Highlights common mistakes and traps
  • Covers both lifetime trusts and will trusts
  • Cites Jersey and Guernsey case law, both reported and unreported
  • Offers a clear, easy-to-understand style, free of technical jargon
  • Contains precedents which are also provided on CD-ROM for quicker drafting
  • Written by two highly regarded trust practitioners, so you know you can rely on the advice give
To keep you fully up to date, this new edition includes the following new legislation:_
  • Both Jersey and Guernsey have introduced foundations legislation, Jersey in 2009 and Guernsey in 2012. This is a significant addition to the range of asset holding entities available in both Islands and the second edition of the book dedicates a chapter to this and a Jersey foundation precedent is included.

  • Jersey has introduced its own civil partnerships legislation in 2012 and this edition reflects this and includes in respect of both Jersey and Guernsey, amendments to the provisions concerning the rights of children born outside traditional marriages.

  • Guernsey amended its inheritance laws by the Inheritance (Guernsey) Law 2011, which abolished that Island's forced heirship rules and introduced a right to make application for financial provision available to those within a specific class of persons, on the basis that the testator not make reasonable financial provision for the applicant.

Wills and Probate, Other Jurisdictions , Channel Islands
Trusts in Jersey and Guernsey - An Introduction.
Principles of Interpreting Trust Documents.
Trustees' Powers.
Trust Property.
Duration of the Trust.
General Provisions of a Trust.
Drafting and Understanding Overriding Powers (Appointment, Re-Settlement and Advancement).
Exercising Overriding Powers.
Settlor Exclusion Clause and Default Clause.
Discretionary Trusts.
Interest in Possession Trusts.
Administrative Provisions.
Will Trusts.
Charitable Trusts.
Non-Charitable Purpose Trusts.
Proper Law, Place of Administration and Jurisdiction Clauses.
Restricting Rights of Beneficiaries.
Execution of Wills and Trusts Instruments.
Appointment and Retirement of Trustees.
Indemnities for Executors and Trustees

Series: James Kessler: Drafting

Drafting Trusts and Will Trusts in the Channel Islands 3rd ed ISBN KESSCHAN
To be published December 2021
Sweet & Maxwell Ltd
Drafting Trusts and Will Trusts in Northern Ireland 4th ed ISBN 9781526507976
To be published May 2020
Bloomsbury Professional (Ireland)
Drafting Trusts and Will Trusts: A Modern Approach 14th ed ISBN 9780414068087
Published June 2019
Sweet & Maxwell Ltd
£142.00 + £2.84 VAT
Drafting Trusts and Will Trusts in Scotland 2nd ed ISBN 9780414063716
Published December 2017
W. Green
£112.00 + £4.48 VAT
Drafting Trusts and Will Trusts in Australia 2nd ed ISBN 9780455500669
Published November 2017
Thomson Reuters Australia
Drafting Trusts and Will Trusts in Hong Kong ISBN 9789626618639
Published January 2016
Sweet & Maxwell Hong Kong
Drafting Trusts and Will Trusts in Northern Ireland 3rd ed ISBN 9781847669865
Published August 2012
Bloomsbury Professional (Ireland)
£195.00 + £22.43 VAT
Drafting Trusts and Will Trusts in Canada 3rd ed ISBN 9780433463016
Published August 2011
LexisNexis Canada
Out of print
Drafting Trusts and Will Trusts in New Zealand ISBN 9780864727008
Published October 2010
Thomson Reuters New Zealand
Drafting Trusts and Will Trusts in Australia ISBN 9780455225975
Published July 2008
Thomson Reuters Australia
Out of print
Drafting Cayman Islands Trusts ISBN 9789041124883
Published November 2006
Kluwer Law International