Drafting Trusts and Will Trusts: A Modern Approach, 15th Ed | 2023

Focusing on clear English and ease of comprehension, "Drafting Trusts and Will Trusts: A Modern Approach" has gained recognition for its innovative approach to document creation. It offers guidance on best practices for drafting trusts and will trusts and includes a comprehensive collection of newly updated precedents, written in a straightforward, contemporary style.

This resource assists practitioners in making optimal succession planning decisions using the appropriate wills and trusts. It serves as a practical tool to simplify trust drafting, providing easy-to-understand guidance and ready-to-use, valuable precedents.

The new 15th edition encompasses all recent legal developments, including analyses of the latest case law.

-Addresses the technical issues in drafting settlements, along with common mistakes and pitfalls.
- Each precedent is accompanied by an explanation of its purpose and the decisions that need to be made.

Contents of Drafting Trusts and Will Trusts: A Modern Approach, 15th Ed:

Part 1 – Trust Drafting
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, Re-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. Co-Ownership Trusts of Land
23. Bare Trusts
24. Trusts of Life Insurance Policies
25. Trusts of Pension Death Benefits
26. Charitable Trusts
27. Disaster Appeal Trusts
28. Trusts of Damages
29. Trusts for Disabled Beneficiaries
30. Governing Law, Place of Administration and Jurisdiction Clauses
31. Restricting Rights of Beneficiaries
32. Execution of wills and Trust Documents
33. Appointment and Retirement of Trustees
34. Indemnities for Executors and Trustees
35. Family Limited Partnerships

Part 2 – Precedents
Precedents for Lifetime Trusts
Precedents for Will Trusts
Precedents for Administrative Provisions
NRB Discretionary Trusts: Supplemental Documentation
Appointments of New Trustees
Co-Ownership Trusts
Legal Charge

Appendix
1. Standard Provisions of The Society of Trust and Estate Practitioners
2. Annotated Bibliography
3. NRB Debt and Charge Arrangements: Tax Analysis
4. Tax on Payment of Index-Linked Nil Rate Sum
5. Share of House in Trust: CGT Private Residence Relief
6. Definitions of “Disabled Person” for Tax Purposes
7. Notes on The Translation of Will Precedents into Welsh