Drafting Trusts & Will Trusts in Australia

By James Kessler QC and Michael Flynn

This book arose out of the prizewinning English text Drafting Trusts & Will Trusts by James Kessler, Q.C. Australia’s trust law originated in England, and many principles remain the same. However, there are some significant differences in trust laws in Australia, and a completely different tax environment. This is therefore a wholly Australian version of the English text.

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Table of Contents

Chapter 1: First Principles

Chapter 2: Style

Chapter 3: Principles of Interpreting Trust Documents

Chapter 4: Beneficiaries

Chapter 5: Trustees

Chapter 6: Trustees’ Powers

Chapter 7: Trust Property

Chapter 8: The Rules Against Perpetuities

Chapter 9: General Provisions of a Trust

Chapter 10: Drafting and Understanding Overriding Powers (Appointment, Re-Settlement and Advancement)

Chapter 11: Exercising Overriding Powers

Chapter 12: Settlor Exclusion Clause and Default Clause

Chapter 13: Discretionary Trusts

Chapter 14: Child Maintenance Trusts

Chapter 15: Will Trusts

Chapter 16: Administrative Provisions

Chapter 17: Bare Trusts

Chapter 18: Charitable Trusts

Chapter 19: Trusts for Disabled Beneficiaries

Chapter 20: Governing Law, Place of Administration and Jurisdiction Clauses

Chapter 21: Restricting Rights of Beneficiaries

Chapter 22: Execution of Wills and Trust Deeds

Chapter 23: Appointment & Retirement of Trustees

Chapter 24: Indemnities for Executors and Trustees

Chapter 25: Stamp Duty

Precedents


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