Drafting Trusts and Will Trusts in Canada, 5th Edition + USB
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The authors of this essential textbook have more than 65 years combined experience practicing law and are the go-to authorities in the area of drafting trusts and will trusts. In the fifth edition of Drafting Trusts and Will Trusts in Canada, they continue to offer the guidance and direction that practitioners can rely on when facing the sometimes daunting task of drafting these important documents.
Drafting Trusts and Will Trusts in Canada, 5th Edition examines both the general and the technical issues that can arise in this area of the law, and deftly combines advice on the substantive law with useful drafting direction. The commentary covers the full range of practical concerns that underpin trust drafting, and highlights the possible problems practitioners may encounter, from coast to coast.
In addition, the volume contains a comprehensive collection of skillfully crafted precedents that will be invaluable to lawyers and will help them avoid potentially costly mistakes. The precedents adopt a drafting style which reads simply and naturally, and are complemented by extensive insightful explanations. The precedents are included on a USB that accompanies the book and makes searching for the relevant forms more efficient and effective.
What’s New In This Edition
- Updated content since the previous edition published in 2016, including new tax rules relevant to trusts
- A review of the most recent case law and current statutory provisions
- New and improved precedents on a USB, replacing the companion CD
In addition to being particularly valuable to estate practitioners and anyone responsible for drafting wills and trust documents, Drafting Trusts and Will Trusts in Canada, 5th Edition is also a useful addition to the bookshelves of academics and law libraries across Canada.
Table of contents
Chapter 1: First Principles
Chapter 2: Style
Chapter 3: Principles of Interpreting Trust Documents
Chapter 4: Overview of the Taxation of Trusts
Chapter 5: Beneficiaries
Chapter 6: Trustees
Chapter 7: Trustees’ Powers
Chapter 8: Trust Property
Chapter 9: The Rules Against Perpetuities and Accumulations
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: Spouse Trusts
Chapter 15: Alter Ego and Joint Partner Trusts
Chapter 16: Discretionary Trusts
Chapter 17: Will Trusts
Chapter 18: Administrative Provisions
Chapter 19: Bare Trusts
Chapter 20: Trusts of Life Insurance Policies
Chapter 21: Trusts of Pension Proceeds
Chapter 22: Charitable and Non-Charitable Purpose Trusts
Chapter 23: Trusts for Incapacitated Settlors
Chapter 24: Trusts for Disabled Beneficiaries
Chapter 25: Governing Law, Place of Administration, and Jurisdiction Clauses
Chapter 26: Restricting Rights of Beneficiaries
Chapter 27: Execution of Wills and Trust Deeds
Chapter 28: Appointment and Retirement of Trustees
Chapter 29: Indemnities for Executors and Trustees
Appendix 1: Standard Provisions of the Society of Trust and Estate Practitioners
Appendix 2: Annotated Bibliography
Table of Precedents
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