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2nd edition 2007
This book arose out of the prizewinning English text Drafting Trusts & Will Trusts by James Kessler, Q.C. There are significant differences between the trust law of Northern Ireland and England. This is therefore a wholly Northern Ireland version of the English text and will be essential to anyone drafting trusts and wills in Northern Ireland.
Update December 2007: This update discusses transferable nil rate bands and the question of whether index linking nil rate loans amounts to interest for tax purposes.
Correction to 2nd edition appendix 1 - Step Standard Provisions (Northern Ireland version)
Alan Hewitt: Journal of the Law Society of Northern Ireland
Here is information on how to order Drafting Trusts and Will Trusts in Northern Ireland and other books by James Kessler QC.
Chapter 1 FA 2006: The Raid on Trusts
Chapter 2 First Principles
Chapter 3 Style
Chapter 4 Principles of Interpreting Trust Documents
Chapter 5 Beneficiaries
Chapter 6 Trustees
Chapter 7 Trustees Powers
Chapter 8 Trust Property
Chapter 9 The Rule Against Perpetuities
Chapter 10 General Provisions of A Trust
Chapter 11 Drafting and Understanding Overriding Powers (Appointment, Re-settlement and Advancement)
Chapter 12 Exercising Overriding Powers
Chapter 13 Settlor Exclusion Clause and Default Clause
Chapter 14 Lifetime Interest in Possession Trusts
Chapter 15 Discretionary Trusts
Chapter 16 Provisions Inconsistent with IP and IHT special Trusts
Chapter 17 Will Trusts
Chapter 18 Wills and Care Fee Planning
Chapter 19 Administrative Provisions
Chapter 20 Bare Trusts
Chapter 21 Trusts of Life Insurance Policies
Chapter 22 Charitable Trusts
Chapter 23 Trusts of Damages
Chapter 24 Trusts for Disabled Beneficiaries
Chapter 25 Governing Law, Place of Administration and Jurisdiction Clauses
Chapter 26 Restricting Rights of Beneficiaries
Chapter 27 Stamp Duty and SDLT
Chapter 28 Execution of Wills and Trust Deeds
Chapter 29: Nil Rate Band Trusts
Chapter 30: Appointment and Retirement of Trustees
Chapter 31: Indemnities for Executors and Trustees
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