Based on a highly acclaimed UK title, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA has been comprehensively adapted to provide authoritative guidance on drafting trusts and will trusts in eight Australian jurisdictions. Providing both a comprehensive range of precedents and a wealth of valuable advice, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA cuts through verbosity and helps you to understand and prepare trust documents your client wants and needs. The book features chapters on key areas of trust law, including beneficiaries, trustees, trustee's powers and general provisions of a trust. DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA also offers a large number of precedents for both lifetime and will trusts. The precedents, which appear in printed form and on an accompanying CD-Rom, reveal a fresh approach to creating documents. A unique addition to the Australian market, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA is an essential reference for those practising in tax law, estate and succession planning, family law and property law.
Legal, tax and accountancy practitioners will find this accessible book truly indispensable. It supplies the tools and instructions that will help you build watertight trusts and will trusts in Northern Ireland. This superb book allows you to draft crisp, accurate legally binding trusts and will trusts with the minimum of research. Benefit from: - The practical precedents - use these to create accurate trusts and will trusts time after time; - The latest legislation - everything you need to know on Northern Ireland law and tax law; - All you need to know on trustees - the role and responsibilities, plus how to appoint somebody; - Key financial advice on stamp duty transactions; - A vast amount of knowledge and experience from two leading experts in this field. The main legislative change since the last edition published in 2013 has been the introduction of the complex residence nil rate band which will be covered comprehensively. Practitioners who have little involvement with inter vivos trusts will find this book invaluable for the will drafting chapters. Another important legislative change since the publication of the last edition is the Charities Act (NI) 2013 which clarified the public benefit test and which is also covered in detail in this new edition.
Drafting Trusts and Will Trusts in Australia 2nd Edition explains, in clear language, how to draft coherent and effective documents. By providing both a comprehensive range of precedents and a wealth of valuable advice in user-friendly terms, it will help practitioners to understand and prepare trust documents the client wants and needs. Based on the highly acclaimed UK title, Drafting Trusts and Will Trusts in Australia has been comprehensively adapted to provide authoritative guidance on drafting trusts and will trusts in eight Australian jurisdictions. The book features chapters on key area.
Since its first publication in 1970, Hutley's Australian Wills Precedents has become the essential reference work on the art of will drafting in Australia. The 7th edition is much more than an 'update' of the previous edition. The whole book has been thoroughly examined and reconsidered. The text, forms and precedents have been revised and in many places rewritten and extended. New cases and statutes have been taken into account and contentious issues critically examined. The precedent for a testamentary discretionary family trust will fill a need. These trusts are very difficult to draft. The trust offered here is a flexible, middle-of-the-road, general vehicle, designed to be adaptable to the needs of clients and practitioners. It allows for income splitting and offers some asset protection. The precedent is considered and explained in the text and is accompanied by a full and detailed explanatory document to be given to clients. The new, detailed, Table of Contents is intended to be a search engine, to complement the conventional index. It is a comprehensive list of all chapter and paragraph headings, occupying many pages; it therefore offers ready access to the matters which a will drafter has to consider. A Compact Disc containing all the precedents and forms in Microsoft Word 2002 format is included.
Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids
In a typical Wills, Trusts, and Estates (WTE) class there are both students who want to practice in WTE (either exclusively, or as part of a general practice), and those who need only to master the general concepts in order to pass the bar exam. Wills, Trusts, and Estates in Focus by Naomi R. Cahn, Alyssa DiRusso, and Susan Gary attends to the needs of both sets of students. For those who will practice in WTE, the concepts are presented in an engaging way and exemplified by realistic hypothetical scenarios that mirror practice and support the development of lawyering skills. For those who need only to pass the bar, the organization of the text is keyed to multi-state essay examination topics as presented on the multi-state bar exam. The well-crafted pedagogy of the Focus Series makes WTE concepts and procedure clear and accessible for all students. Case Previews shed light on each succinctly-edited case, provide legal context, and direct students to the issue at hand. Post-Case Follow-Ups review the decision and prepare students to apply the relevant legal principles to the set of exercises that follow, called Real Life Applications. Professors will appreciate the accessible approach of Wills, Trusts, and Estates in Focus, which combines straightforward narrative explanations with real-world examples, and problems designed to engage students in active learning. Features of Wills, Trusts, and Estates in Focus: Insightful authorship: The author team consists of three well-known academics with expertise in WTE and complementary areas such as family law, charities, elder law, and tax. All are elected Fellows of the American College of Trust and Estate Counsel (ACTEC), the leading professional organization of trust and estates attorneys. Conscious modernization of the WTE casebook that balances major landmark cases and 21st century authorities, including recent case decisions and developments in the law (such as the 2017 Tax Cuts and Jobs Act) Thorough coverage of core topics, combined with the Focus Series pedagogy Manageable problem sets that allow students to apply doctrine to realistic fact scenarios Research and drafting exercises that support the development of practice-based skills Professors and students will benefit from: Clear writing that promotes the learning outcomes of student competencies in knowledge and understanding of both the substantive and procedural law of WTE legal analysis and reasoning problem-solving how to exercise proper professional and ethical responsibilities with regard to clients and the legal system A balanced emphasis on practice readiness and bar-exam readiness An author team with experience writing for students, practitioners, and lay people A clear and logical book structure and chapter organization, with cross-references to related coverage in other chapters Appendices that provide examples of how doctrine maps on to practice, as in will contest pleadings and probate filings Teaching materials include: Teacher’s Manual with straightforward case summaries and answers to all problems Sample 3-credit syllabus
