Declarations of Trust

Declarations of Trust provides expert guidance on using declarations of trust to protect clients interests. It deals with the many different situations in which a declaration of trust can be used, and contains a whole host of precedents which can easily be adapted to the situation at hand. Whats more , the work reproduces all the precedents on an accompanying CD-ROM for ease of use and quicker drafting.The 4th edition is fully updated with all recent property and tax legislation including:

New Land Registry forms

Changes to CGT rules;

Finance Act 28 changes to IHT

Changes to Stamp duty and SDLT in FA 28

Changes in the right to buy rules under Housing Act 24 (Chapter 4)

Changes to the tax treatment of pension schemes from April 26 (Chapter 5)

Companies Act 26 changes ( Chapter 6)It also includes new material on joint bank accounts including:

Commentary

New precedentsCONTENTSPreface Table of Cases Table of Statutes Table of Instruments 1. General principles

Introduction

The certainties of a trust

Resulting trusts and presumption of advancement

Insolvency

Matrimonial and Inheritance Act proceedings

Legal title

Trusts of land

Tax

Parties to the declaration

Registered and unregistered land

2. Property purchased as tenants in common

Introduction

The legal title

The contents of the declaration

Death of a tenant in common

Continuing residence for the survivor

Steps to be taken

Precedents

3. Property purchased by beneficial joint tenants. Subsequent adjustments of interests.

Introduction

Severance

The shares of the former joint tenants following severance

of the declaration

Restrictions on the appointment of new trustees

Steps to be taken

Precedents

4. Legal owner of home holding for another (or for self and another)

Introduction

Nominee conveyance

The council house

Recognition of anothers contribution

Transfer of entire beneficial ownership

Steps to be taken

Precedents

5. Insurance policies

Introduction

The contents of the declaration of trust/assignment

Pension Death Benefits

Steps to be taken following the declaration

Precedents

6. Company shareholdings

Introduction

Shares in the subsidiary

The nominee/trustee shareholder

Trust provisions

Additional matters

Precedents

7. Indivisible assets

Introduction

Declaration of trust of chattels

Declaration of trust of part of a debt

Steps to be taken

Precedents

8. In conjunction with wills - the half secret trust

Introduction

The reason for a half secret trust

The requirements of a half secret trust

Inheritance tax

Mutual wills

Steps to be taken

Precedents