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Author: Browne C. Lewis Publisher: Createspace Independent Publishing Platform ISBN: 9781515224303 Category : Languages : en Pages : 396
Book Description
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
Author: Browne C. Lewis Publisher: Createspace Independent Publishing Platform ISBN: 9781515224303 Category : Languages : en Pages : 396
Book Description
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
Author: Matthew Burgess Publisher: ISBN: 9781925181111 Category : Law Languages : en Pages :
Book Description
In recent years, the need for effective structuring of business and personal assets has been brought into sharp focus for high net worth individuals and business owners.Fundamental changes in the law, the vast amounts of wealth accumulated within superannuation funds and the shortening of both business and personal relationships have necessitated the evolution of estate planning structuring beyond traditional formats.Asset protection strategies and the use of testamentary trusts are important issues to consider in estate planning, particularly where potential beneficiaries are in professional practice occupations or in business, or where there is a risk that a personal relationship of a beneficiary might degenerate in the future. Potential beneficiaries that fall into any of these 'at risk' categories will be exposed to losing assets, unless appropriate structures are put in place.The Seven key aspects of Testamentary Trusts is a comprehensive guide to testamentary trusts and addresses numerous topics including:(a) testamentary trusts and bankruptcy(b) testamentary trusts and the family court(c) protective trusts, other types of special testamentary trusts and practical considerations for bespoke testamentary trusts(d) complex forms of testamentary trusts(e) creative uses of testamentary trusts(f) the taxation of testamentary trusts.
Author: Vik Sundar Publisher: ISBN: 9780409342994 Category : Estate planning Languages : en Pages : 0
Book Description
Building on the success of the first edition (previously titled Discretionary Trusts, Precedents and Commentary), this new edition has been expanded to cover all types of testamentary trusts. The central purpose of this book is to provide a flexible and easy-to-use system for drafting discretionary testamentary trusts. The system is intended to allow practitioners to deal with what has always been a very complicated and difficult problem: modifying a discretionary testamentary trust precedent to accommodate the widely different family circumstances and testamentary wishes which testators present to the drafter. One testator will want a common option: to provide for a spouse; and if the spouse predeceases the testator, the testator's children. If a child predeceases the testator, the children of that child will represent that child and take what the predeceased child would have taken. All beneficiaries are to take their inheritance through a discretionary testamentary trust. However, other testators have different and more challenging requirements. To this end, Chapter 8 contains the Model Testamentary Trust precedent, as well as a clause-by-clause commentary on it. The precedent forms the foundation of every variation of the discretionary testamentary trust, and it is on this foundation that the variations are built by inserting clauses from Chapter 9. Chapter 10 contains a representative sample of widely different family situations for which a testator may wish to provide, as well as including flexible alternative clauses. In addition to providing a modular drafting precedent, the book also covers strategies dealing with superannuation (Chapter 6), family provision (Chapter 11) and blended families (Chapter 12). Book Review - The Law Society of Tasmania Important Features Authoritative and comprehensive Nationwide coverage Detailed precedents drafted by experts Related Titles Birtles,C and Neal,R, Hutley's Wills and Precedents, 9th ed 2016Perkins,M and Monahan,R Estate Planning: A Practical Guide for Estate and Financial Services Professionals, 4th ed. 2015 .
Author: Arlene Macdonald Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article examines the use of testamentary trusts and the implications of the taxation of trust rules for such trusts. It looks at the advantages and disadvantages of creating a testamentary trust in the Will as distinct from leaving property to existing inter vivos trusts and deals with the rule against the delegation of testamentary power still existing in some States. It identifies difficulties associated with planning and amending such trusts. It identifies difficulties that may result in a new trust being created and identifies Capital Gains Tax issues arising from cloning or splitting trusts. The article also considers what it terms "after death trusts" and Capital Gains Tax issues arising from those as well as Capital Gains Tax issues arising from the premature ending of life interests. The article concludes that a testamentary trust is not just another trust but is associated with many aspects peculiar to testamentary trusts that do not apply to trusts inter vivos.
Author: Charles Rowland Publisher: ISBN: 9780409331288 Category : Discretionary trusts Languages : en Pages : 304
Book Description
DISCRETIONARY TESTAMENTARY TRUSTS: PRECEDENTS AND COMMENTARY provides practitioners with adaptable tools to draft these complex trusts safely and easily for differing client needs. Discretionary Testamentary Trusts (DTT's) are currently in high demand, as they offer significant tax advantages and provide valuable asset protection. The precedents contained in this text are flexible and adaptable to a wide range of client circumstances. To achieve flexibility the central DTT precedent, the 'Boilerplate' is modular. It consists of defined elements which the practitioner can select and assemble. There are variations for particular circumstances, ensuring it is not difficult to draft a seamless DTT will. The book also contains a precedent for a trust for a severely disabled person. DISCRETIONARY TESTAMENTARY TRUSTS: PRECEDENTS AND COMMENTARY also assists the practitioner to explain the will to the client by offering in lay person's language clause-by-clause explanations of the main Boilerplate precedent. Rowland and Bailey provide useful examples to show how the precedents could be used in practical situations. These examples include: gifts to members of a list, with some on DTT and some not, and with some to be represented on predecease and some not; unequal shares to children, one of whom is disabled, the disabled child to take on trust, the other children to take on DTT; and provision for a blended family using Divisions. The blended family precedent is designed to cope with a testator who may or may not have a former spouse or partner as well as a present partner, and children from a former relationship as well as children of a present relationship, using DTTs for some of the beneficiaries but not all.