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 advancementInsolvency Matrimonial and Inheritance Act proceedingsLegal 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 Precedents8. 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