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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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Preface
Table of Precedents
Table of Cases
Table of Statutes
Table of Abbreviations
Trust Terminology
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 and Accumulations
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: Spouse Trusts
Chapter 14: Alter Ego and Joint Partner Trusts
Chapter 15: Discretionary Trusts
Chapter 16: Will Trusts
Chapter 17: Administrative Provisions
Chapter 18: Bare Trusts
Chapter 19: Trusts of Life Insurance Policies
Chapter 20: Trusts of Pension Proceeds
Chapter 21: Charitable and Non-Charitable Purpose Trusts
Chapter 22: Trusts for Incapacitated Settlors
Chapter 23: Trusts for Disabled Beneficiaries
Chapter 24: Governing Law, Place of Administration and Jurisdiction Clauses
Chapter 25: Restricting Rights of Beneficiaries
Chapter 26: Execution of Wills and Trust Deeds
Chapter 27: Appointment & Retirement of Trustees
Chapter 28: Indemnities for Executors and Trustees
Precedents
Appendix 1: Standard Provisions of the Society of Trust and Estate Practitioners
Appendix 2: Annotated Bibliography
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