Autorentext

James Kessler KC has practiced at the Revenue bar since 1985.

He is the author of Drafting Trusts & Will Trusts, now part of a series of books dealing with trusts in the jurisdictions of Northern Ireland, Canada, the Cayman Islands, the Channel Islands, Singapore, Australia and New Zealand. He is also the author of Taxation of Non-residents & Foreign Domiciliaries, and Taxation of Charities & Non-profit Organisations and their online versions, TFD online (http://www.foreigndomiciliaries.co.uk) and ToC online (http://www.taxationofcharities.co.uk).

His reported cases include R v Dimsey & Allen, Unilever v IRC, Phizackerley v IRC and Burns v HMRC.

He is a founder member of STEP and the founder of the Trusts Discussion Forum. In 2011 James received the Geoffrey Shindler Award for Outstanding Contribution to the Profession.

Tony Pursall is a Consultant at Mourant Ozannes, London.

Klappentext
Written in a straightforward, modern style and providing a comprehensive set of trust precedents this book is a value-adding reference work on key areas of trust law for private client practitioners.

Containing a detailed discussion of administrative provisions, some of which are not generally dealt with in conventional textbooks on English trust law, it provides answers (with appropriate reasons and authority, where available) to a number of important questions for practitioners, such as: Are forfeiture clauses valid, and do automatic flee clauses work? How should a drafter provide for the trust's proper purpose, and
would STAR trusts be recognised in other jurisdictions? How can one validly restrict a beneficiary's right to information and trust documents, and what indemnities should retiring trustees request from their successors?

The Second Edition reflects important new case law (in the Cayman Islands, England and other leading trust jurisdictions), legislative changes, changes to drafting practice and includes fully updated precedents which are also supplied as an accompanying electronic download. The meaning and, where relevant, the source of each provision used in the precedents is explained in the book, with suggested wording for common alternative options, as well as discussions of some common drafting mistakes and traps to avoid.

This title is included in Bloomsbury Professional's Banking and Finance Law online service.

Inhalt

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
11. Exercising Overriding Powers
12. Settlor Exclusion Clause and Default Clause
13. Interest in Possession Trusts
14. Provisions Inconsistent with Interest in Possession Trusts
15. Discretionary Trusts
16. Protectors and Reserved Powers Trusts
17. STAR Trusts
18. Administrative Provisions
19. Charitable Trusts
20. Governing Law, Place of Administration and Jurisdiction Clauses
21. Restricting Rights of Beneficiaries
22. Stamp Duty
23. Execution of Trust Deeds
24. Appointment and Retirement of Trustees
25. Indemnities for Trustees

Precedents
Discretionary trusts (without protector)
Discretionary trusts (with protector)
Interest in possession trust
Reserved powers trust
Charitable trust
STAR trust to hold the shares in a private trust company
STAR trust to hold a family business (or other high-risk assets)
Deed of Appointment and Retirement of Trustees (trustees to appoint)
(with variant for separate deed of indemnity)
Deed of Appointment and Retirement of Trustees (appointor to appoint)
(with variant for separate deed of indemnity)