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.
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.
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
This newly revised guide is a must-read for anyone preparing for trial before the U.S. Tax Court as it takes the reader step-by-step through the Federal Rules of Evidence (FRE) as applied by the Tax Court.
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.
Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application. The new Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering: - The Court of Protection Rules 2017 - Case management pathways - Welfare and Deprivation of Liberty - Private international law - The practical application of the Mental Capacity Act 2005 - Lasting and Enduring Powers of Attorney - Case law, practice and procedure of the Court of Protection - Latest guidance and practice notes from the Office of the Public Guardian It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates.
"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."
