Drafting Trusts and Will Trusts - A Modern Approach

By James Kessler QC

The 7th edition of this essential guide to trust drafting is a welcome update to deal with the various changes in trust legislation since 2002, particularly as it includes a disc with the precedents for ease of use by practitioners.

There are precedents to cover the most common will trusts and settlements, including a charitable trust, and deeds of retirement and appointment of trustees. Some of the ancillary documents that a trust practitioner will be asked to prepare (eg a deed of appointment or trustees' resolutions) are included in the book but not on the disc, which is a pity.

The "modern" style claimed by the title is not now uncommon, but any movement towards plain English should be greeted with enthusiasm by clients and by trust practitioners, who have an undeserved reputation for clinging to archaic drafting. The philosophy behind this book is that clients should be able to understand what they are signing, which must be best practice. The vocabulary is clear and there are short, well-punctuated sentences. Recitals and other unnecessary verbiage are kept to the bare minimum where not entirely omitted. The highlighting of clauses that require the draftsman's input is particularly useful for the typist - although it might encourage a lazy acceptance of non-highlighted clauses by some.

The narrative section of the book is easy to read and practical in emphasis with timely reminders of issues such as due execution, money laundering and the need for care in the preparation of the physical document as well as in the drafting. In an era of pressure on professional fees and increased delegation of tasks to unqualified staff, this is important for the quality assurance of all trust practitioners.

Mr Kessler explains some of the more arcane points of trust law with clarity for a lay reader or trainee. The index is comprehensive and makes it a useful reference for the more experienced practitioner. The commentaries sprinkled throughout where Mr Kessler shares his opinion on either current law or proposed amendments (such as "Let's abolish nil-rate band discretionary trusts") are interesting and thought-provoking.

This is a very useful textbook with excellent precedents. It is hoped that future editions will be produced at regular intervals to ensure this volume is always relevant, although in the interim the reader is invited to view Mr Kessler's website for a useful free update service.

Amanda Custis

Partner

Clarkson Wright & Jakes

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