Author(s): James Kessler QC and Michael Flynn, Lawbook Co 2008
Reviewed by Arlene Macdonald, Barrister - Edmund Barton Chambers
In 1992, James Kessler QC published for the English legal market "Drafting Trusts and Will Trusts; A Modern Approach". I purchased the 7th edition published in 2004 and found it helpful despite the different jurisdictions.
He has now teamed up with Victorian tax barrister, Michael Flynn to produce the first Australian version. For those who have used the Marmite version, you will not need this review to be encouraged to obtain a copy of the Vegemite version. If not, let me tell those of you who draft trusts including testamentary trusts (or using the modern language in the book, "will trusts") why you will want a copy in your library.
I could say the book comes with clear and simple printed precedents. The authors have a strong preference for simple language which might I suggest, even most clients can and should understand. I could say the book contains a CD with those precedents which you can cut and paste for your use as you wish. Both of these are true but the best part comes not in the precedents (which we all know must be used with great caution) but in the careful clear ad helpful identification and discussion of the practical, property law, trust law, tax and stamp duty issues that need to be considered. The authors discuss the practical and legal implications of drafting many types of trusts including will trusts, discretionary trusts, charitable trusts and child maintenance trusts.
This book reflects the practical experience of its barrister authors who are always aware of helping the reader get the law right while achieving the practical needs of the client.
September 2008
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information on how to order
this, and other, books by James Kessler.