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A Practitioner's Guide to Drafting Trusts by Michael Waterworth Pdf
This practical handbook covers the main principles of drafting trusts as well as providing concise coverage of the drafting of specific trusts. Acce ssible and user friendly, this guide covers: uses of trusts; types of trust; will trusts; drafting style; validity of the trust; choice of trustees; trustees' duties and powers; content of trust deed; administrative provisions; miscellaneous matters and precedents. The guide is suitable for trust practitioners, private client lawyers, accountants and professional students, and complements the larger, more weighty texts in the Trusts and Estates portfolio.
A Practitioner's Guide to Drafting Trusts by Mark K. Dunkley Pdf
This guide covers the main principles of drafting trusts as well as providing concise coverage of the drafting of specific trusts. It covers: the different types of trusts and when they should be created; the reasons why certain trusts should be used; the relevant tax implications on each specific trust; implications of the Trustee Act 2000; what to avoid when drafting a trust; the style and validity of certain trusts; how to appoint and remove trustees; and post-trust-creation steps.
A Practitioner's Guide to Drafting Trusts by Bloomsbury Publishing Plc,Michael Waterworth Pdf
"The second edition of A Practitioner's Guide to Drafting Trusts is a thorough update of this practical handbook that covers the main principles of drafting trusts as well as providing concise coverage of the drafting of specific trusts, including an Appendix containing nearly 30 precedents."
A Practitioner's Guide to Wills by Lesley King,Keith Biggs,Peter Gausden Pdf
This edition of this popular title provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. All precedent material is included on the accompanying CD-ROM.
A Practitioner's Guide to Trusts by John Thurston Pdf
A Practitioner's Guide to Trusts is a step-by-step guide to all the practical aspects of trust law. Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers.Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers. It has been fully updated and revised to take into account the latest Finance Act.KEY FEATURES:Includes changes to IHT treatment of trusts subject to the relevant property regime (simplification of the calculation of IHT charges on trusts at ten-yearly intervals or when assets are transferred out of the trust);Expanded analysis on income tax and CGT treatment of trusts;The book has been designed to make key information easy to find and assimilate and includes signposts to provide useful summaries and focus points to highlight important issues;Case law includes the IHT Pawson holiday let case (28 Jan 2013).Includes coverage of the following areas:Breach of trust;Capital Gains Trust and second residences;Income tax and settlor interested trusts;Ownership of house (Jones v Kernott);Ownership of monies in joint bank account;Proprietary estoppel;Removal of trustees;Severance of joint tenancy.Previous edition ISBN: 9781847667687
A Practitioner's Guide to Wills by Lesley King,Peter Gausden,Keith Biggs Pdf
Revised and fully updated, the fifth edition of A Practitioner's Guide to Wills provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. Among matters considered in the fifth edition are: - What are the requirements for the virtual witnessing of wills executed during the Covid-19 pandemic? - What can be done to help prevent a successful challenge to a will if the testator's capacity or intention might be an issue? -To what extent can the terms of a will give rise to a need to register a trust with HMRC? - What are the pitfalls if creating a will trust where it is hoped to claim the inheritance tax residential nil rate allowance? - Do nil rate band discretionary trusts still have a purpose in estate planning? - How does the court now deal with disputes over the interpretation of wills in light of Marley v Rawlings and family provision claims after Ilott v Blue Cross? The book also contains an extensive range of specimen clauses and model wills are set out in a separate appendix. All precedent material in the book is included on the accompanying CD-ROM.
A Practitioner's Guide to Powers of Attorney by John Thurston Pdf
A Practitioner's Guide to Powers of Attorney, Ninth Edition is a practical, user-friendly and easy to read guide to all forms of power of attorney including ordinary power of attorney, lasting power of attorney and enduring power of attorney. It is the only book on the market to include the changes made by the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015. Offering a detailed overview of the subject as a whole, this book provides in-depth advice on more specific and complex areas including execution of documents and protection of third parties. Fully up-to-date with the latest legislation and case law, the ninth edition responds to questions, such as: - Can you modify the circumstances in which the appointment of replacement attorneys become effective, or are you bound by what is in the Act? - Can you extend the power of attorneys to make gifts? - Can the donor authorise an attorney to change the will of the donor? - If two or more attorneys are appointed jointly and severally, can the donor require two attorneys to make some decisions? - Can a donor require an attorney to obtain the consent of a third party to a transaction? - If a partner in a limited liability partnership is appointed as attorney, can an employee of the firm give the certificate? - How will the court deal with objections to the registration of a power?
A Practical Guide to the Construction and Rectification of Wills and Trust Instruments - Second Edition by Edward Hewitt Pdf
Private client practitioners dealing with estates and trusts routinely encounter drafting problems. These can be of many different types, from an ambiguous clause in a home-made will to a precedent clause included by mistake in a professionally prepared trust deed. They can also arise in very different contexts: while some can be resolved by agreement, others will result in a full-blown court battle, possibly accompanied by professional negligence proceedings against the draftsman. This book is designed as a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them. This new edition has been fully revised and updated to take account of recent developments in case law and procedure, including the completely rewritten Chancery Guide. ABOUT THE AUTHOR Edward Hewitt is a barrister at 5 Stone Buildings in Lincoln's Inn. He has a private client practice with a particular emphasis on inheritance and trust disputes. He is frequently asked to advise on the correct construction of wills and trust instruments. He has also acted in some of the leading recent cases involving the construction and rectification of wills and trust instruments, some of which have included ancillary professional negligence proceedings against the relevant draftsman. CONTENTS Chapter One - Introduction 1.1 The problem 1.2 Structure of this book: distinction between wills and other trust instruments 1.3 A bit of history 1.4 Relationship between construction and rectification 1.5 Miscellaneous Chapter Two - Construction of Wills 2.1 The law 2.2 Practice and procedure 2.2.1 Who is affected? 2.2.2 Can the problem be resolved by agreement? 2.2.3 Professional negligence 2.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 2.2.5 Court intervention: construction claims in the Chancery Division Chapter Three - Rectification of Wills 3.1 The law 3.2 Practice and procedure 3.2.1 Who is affected? 3.2.2 Can the problem be resolved by agreement? 3.2.3 Professional negligence 3.2.4 Court intervention: rule 55 of the Non-Contentious Probate Rules 1987 3.2.5 Court intervention: rectification claims in the Chancery Division Chapter Four - Construction of Other Trust Instruments 4.1 The law 4.2 Practice and procedure 4.2.1 Who is affected? 4.2.2 Can the problem be resolved by agreement? 4.2.3 Professional negligence 4.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 4.2.5 Court intervention: construction claims in the Chancery Division Chapter Five - Rectification of Other Trust Instruments 5.1 The law 5.2 Practice and procedure 5.2.1 Who is affected? 5.2.2 Can the problem be resolved by agreement? 5.2.3 Professional negligence 5.2.4 Court intervention: rectification claims in the Chancery Division Chapter Six - Mistake and Hastings-Bass 6.1 Mistake 6.2 Hastings-Bass REVIEWS OF THE FIRST EDITION "Mr Hewitt has an easy writing style which is to be commended for what could be a difficult and dry topic. Instead, it is a book which provides clarity when trying to approach the actions which need to be taken" - Gill Steel, LawSkills
Nevill's Trusts Drafting Handbook by Nicky Richardson,William Leonard Bruce Douglas,Sarah Parsons Pdf
NEVILL'S TRUSTS DRAFTING HANDBOOK, 1ST EDITION is a practical tool for practitioners working in the area of trusts law. Written in plain English by a team of highly experienced legal practitioners, this work provides a large number of useful precedents that are easy to follow and simple to apply. Topics and precedents contained within cover such topics as: Nature of a trust (including the requiredcertainties); Taking instructions and Preliminary questionnaire; Problematic words, phrases and provisions; General matters; Practical matters; Opening clauses, key clauses and provisions and formal elements.
A Practitioner's Guide to Variations of Trusts by S. Warnock-Smith,Henry Legge,Christopher Tidmarsh Pdf
Written by barristers from one of the UK's leading chambers specialising in this area of law, this title is a practical and self-contained guide to all areas of variations of trusts. Containing useful checklists and advice on the do's and don'ts of trust variation, the book also features relevant legislation, up-to-date cases and a full scale example. Other important features include: practical case scenarios; coverage of wills and tax issues; and inclusion of precedents and worked tax examples
Drafting Effective Contracts: A Practitioner's Guide, 3rd Edition by Dodd, Feldman, Nimmer Pdf
The professional's favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process --from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contract-- giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract process--from conducting the initial client meeting to closing the deal. You'll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how they're assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements --such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then you'll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
