Drafting Trusts and Will Trusts - 3^rd Edition

Review by John Dick

The primary purpose of this new edition is to deal with changes brought about by the Trusts of Land and Appointment of Trustees Act 1996. Occupation rights conferred on beneficiaries of a trust of land are just one of a number of topics which, as a result of the Act, need now to be given careful thought when drawing up a trust. Valuable guidance on these topics will be found in the new edition. But trust drafting is not a static art, and useful additional material has also been incorporated, reflecting points encountered no doubt by the author in the course of his practice as a barrister specialising in trusts.

The work is divided into two sections, headed "Trust Drafting" and "Precedents". In the first section the author, in addition to discussing drafting technique, gives guidance on the provisions which ought to be included in a trust, and lucidly explains also the underlying reasons for their inclusion. The explanation will be particularly welcomed by aspiring craftsmen, who otherwise face an inevitable temptation to lift clauses wholesale from precedents without always fully comprehending their significance. The experience craftsman will find much that is of interest as well, for the author does not hesitate to grapple with difficult points: for instance, the tricky area of drafting accumulation and maintenance trusts is well covered. Yet the erudition and insights are imparted with such a light touch and engaging directness, that readability is never imperilled. The Precedent section testifies to the mould-breaking nature of this work: clear, readable and economical drafts, shorn of the prolixities formerly employed (and loved) by generations of trust lawyers. They amply justify the sub-title of the book, "A Modern Approach". This book is fast becoming indispensable for the modern trust practitioner.

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