Declarations of Trust: A Draftsman's Handbook (Book & CD) 6e

Declarations of Trust: A Drafting Handbook is a highly practical book providing the general practitioner with over 50 useful precedents to cover all situations where declarations of trust can be used to protect clients’ interests. Each chapter deals with a particular scenario and has a short commentary covering law, procedure and points to watch out for, followed by a useful “Steps to be taken” section.

It also:

• Explains the role of a declaration of trust, when it should be used, and what it should achieve.
• Covers a range of transactions where a declaration of trust can be used, including property purchases, insurance policies, company shareholdings and bank accounts.
• Is organised transaction by transaction, with key issues dealt with in a short, clear narrative.
• Contains more than 50 precedents which can be easily adapted to specific situations.
• Goes through all the steps which need to be followed in each instance.
• Covers tax issues and registration requirements to be considered when using a declaration of trust.

New to this Edition:

• Since the last edition, the Trust Registration Service has been introduced and its scope greatly expanded to be of relevance to many declarations of trusts. This new text deals with the introduction and expansion of the Trust Registration Service.
• All chapters have been revised and rewritten to incorporate recent developments in case law and in property and tax legislation.
• Contains updated Land Registry Forms completed as each situation requires.

Preface
Table of Cases
Table of Statutes
Table of Instruments

1. General principles
a. Introduction
b. The certainties of a trust
c. Resulting trusts and presumption of advancement
d. Insolvency
e. Matrimonial and Inheritance Act proceedings
f. Legal title
g. Trusts of land
h. Tax
i. Parties to the declaration
j. Registered and unregistered land
2. Property purchased as tenants in common
a. Introduction
b. The legal title
c. The contents of the declaration
d. Death of a tenant in common
e. Continuing residence of the survivor
f. Steps to be taken
g. Precedents
3. Property purchased by beneficial joint tenants. Subsequent adjustments of interests.
a. Introduction
b. Severance
c. The shares of the former joint tenants following severance
d. Contents of the declaration
e. Restrictions on the appointment of new trustees
f. Steps to be taken
g. Precedents
4. Legal owner of dwellinghouse holding for another (or for self and another)
a. Introduction
b. Nominee conveyance
c. The council house
d. Recognition of another’s contribution
e. Transfer of entire beneficial ownership
f. Steps to be taken
g. Precedents
5. Insurance policies
a. Introduction
b. The contents of the declaration of trust/assignment
c. Pension Death Benefits
d. Steps to be taken following the declaration
e. Precedents
6. Company shareholdings
a. Introduction
b. Shares in the subsidiary
c. The nominee/trustee shareholder
d. Settlement provisions
e. Additional matters
f. Precedents
7. Invisible assets
a. Introduction
b. Declaration of trust of chattels
c. Declaration of trust of part of a debt
d. Steps to be taken
e. Precedents
8. In conjunction with wills – the half secret trust
a. Introduction
b. The reason for a half secret trust
c. The requirements of a half secret trust
d. Inheritance tax
e. Mutual wills
f. Steps to be taken
Precedent