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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 14th ed isbn 9780414068087

Drafting Trusts and Will Trusts: A Modern Approach 13th ed

ISBN13: 9780414057470
New Edition ISBN: 9780414068087
Previous Edition ISBN: 9780414034372
Published: December 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & CD-ROM
Price: Out of print

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The new 13th edition of Drafting Trusts and Will Trusts is a crucial guide to drafting and understanding wills and trust documents.

The work offers a comprehensive selection of precedents to suit a wide range of requirements, and helps ensure the practitioner can make the best succession planning judgments through the use of the correct wills.and trusts.

This fully updated 13th edition has been written to incorporate all of the key developments in this area of law in the two years since the publication of the previous edition.

Features of the 13th edition include:-

  • Coverage of the new inheritance tax Residence Nil Rate Band
  • Guidance on the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and those that can be safely be omitted
  • Precedents are accompanied with an explanation of why the text is there and the choices which need to be made
  • A fully updated section on the effect of pre and ante nuptial agreements, examining the practicalities of the Supreme Court judgment of Radmacher v Granatino and subsequent cases
  • Coverage of the Finance Act 2016
  • 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
  • Fully reviewed and updated precedents for practical assistance with drafting
  • Discussion of the impact and operation of the Care Act 2014 on the drafting of wills and trust documents

Equity and Trusts, Wills and Probate
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
NRB Discretionary Trusts
Appointment of new trustees

Appendix 1: STEP Standard Provisions
Appendix 2: Annotated Bibliography
Appendix 3: NRB debt and charge arrangements: tax analysis
Appendix 4: Tax on payment of index linked nil rate sum
Appendix 5: Share of house in trust: CGT Private Residence Relief
Appendix 6: Definitions of “disabled” for tax purposes
Appendix 7: Notes on the translation of will precedents into Welsh