Drafting Trusts & Will Trusts in Canada

By James Kessler QC and Fiona Hunter

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

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Table of Contents

  1. First Principles
  2. Style
  3. Principles of Interpreting Trust Documents
  4. Overview of the Taxation of Trusts
  5. Beneficiaries
  6. Trustees
  7. Trustees' Powers
  8. Trust Property
  9. The Rules Against Perpetuities and Accumulations
  10. General Provisions of a Trust
  11. Drafting and Understanding Overriding Powers (Appointment, Re-Settlement, and Advancement)
  12. Exercising Overriding Powers
  13. Settlor Exclusion Clause and Default Clause
  14. Spouse Trusts
  15. Alter Ego and Joint Partner Trusts
  16. Discretionary Trusts
  17. Will Trusts
  18. Administrative Provisions
  19. Bare Trusts
  20. Trusts of Life Insurance Policies
  21. Trusts of Pension Proceeds
  22. Charitable and Non-Charitable Purpose Trusts
  23. Trusts for Incapacitated Settlors
  24. Trusts for Disabled Beneficiaries
  25. Governing Law, Place of Administration, and Jurisdiction Clauses
  26. Restricting Rights of Beneficiaries
  27. Execution of Wills and Trust Deeds
  28. Appointment and Retirement of Trustees
  29. Indemnities for Executors and Trustees


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