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Declarations of Trust: A Draftman's Handbook 4th ed

Catherine Sanders

ISBN13: 9780414041196

New Edition ISBN: 9780414051812

Previous Edition ISBN: 042188990X

Published: September 2009

Publisher: Sweet & Maxwell Ltd

Country of Publication: UK

Format: Paperback & CD-ROM

Price: Out of print

Declarations of Trust provides expert guidance on using declarations of trust to protect clients' interests. It deals with the many different situations in which a declaration of trust can be used, and contains a whole host of precedents which can easily be adapted to the situation at hand. What's more , the work reproduces all the precedents on an accompanying CD-ROM for ease of use and quicker drafting.

The 4th edition is fully updated with all recent property and tax legislation including:

Changes to CGT rules;

Finance Act 2008 changes to IHT

Changes to Stamp duty and SDLT in FA 2008

Changes in the right to buy rules under Housing Act 2004 (Chapter 4)

Changes to the tax treatment of pension schemes from April 2006 (Chapter 5)

Companies Act 2006 changes ( Chapter 6)

It also includes new material on joint bank accounts including commentary and new precedents,

Subjects:: Property Law, Equity and Trusts

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