Drafting trusts and will trusts in Australia : a modern approach / James Kessler, Michael Flynn.

Pyrmont, N.S.W. : Lawbook Co., 2018.

2nd edition

87829

Wills -- Australia.

Trusts and trustees -- Australia.

Inheritance and succession -- Australia.

1. First principles

2. Style

3. Principles of Interpreting Trust Documents

4. Beneficiaries

5. Trustees

6. Trustees' Powers

7. Trust Property

8. Rules Against Perpetuities

9. General Provisions of a Trust

10. Drafting Overriding Powers (Appointment, Variation, Resettlement and Advancement)

11. Exercising Overriding Powers

12. Trust Income

13. Settlor Exclusion Clause, Tax Rates of Minors and Default Clause

14. Discretionary Trusts

15. Child Maintenance Trusts

16. Will Trusts

17. Administrative Provisions

18. Bare Trusts

19. Charitable Trusts

20. Trusts for Disabled Beneficiaries

21. Governing Law, Place of Administration and Jurisdiction Clauses

22. Restricting Rights of Beneficiaries

23. Execution of Wills and Trust Deeds

24. Appointment and Retirement of Trustees

25. Indemnities for Executors and Trustees

26. Stamp Duty.

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 areas of trust law, including beneficiaries, trustees, trustee's powers and general provisions of a trust. It offers a large number of precedents for both lifetime and will trusts. The precedents, which appear in printed form and online, offer a fresh approach to creating documents. In this edition, the precedents and commentary have been extensively updated to deal with the 2011 changes to the taxation of trust distributions and the imposition of stamp duty and land tax surcharges on non-resident trusts. The commentary reflects all legislative and case law changes since the first edition and the precedents have all been reviewed and improvedition: In addition, it includes new precedents dealing with the variation of trusts and income distribution resolutions. A unique work in the Australian market, Drafting Trusts and Will Trusts in Australia 2nd Edition is an essential reference for those practicing in tax law, estate and succession planning, family law and property law. - Publisher's website.

Previous edition: 2008.

Includes bibliographical references and index.

9780455500669

liv, 547 pages ; 25 cm