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TST97

Drafting and Interpreting Trust Deeds

NZ $40.00
incl GST
Author(s): Annelies McClure, Kerry Ayers
Published: 4 August, 1997
Pages: 127

   

Introduction


The trust concept forms a central element of many estate and business plans but there has been little written, and even less taught, regarding the drafting and interpretation of trust instruments which are crucial to such plans.

The level of ability which lawyers apply to the constitution of trusts will depend on their:
  • knowledge of substantive law;
  • drafting expertise;
  • commercial experience.

Both this seminar book and the seminar presentation assume a basic working knowledge of the law of trusts and commonplace estate planning techniques.

We hope this seminar will encourage individual practitioners to:
  • further research the law of trusts;
  • develop their drafting techniques;
  • become more aware of how flexible the trust concept can be;
  • identify issues in this area which fall outside the range of their existing expertise.

Content outline

  • Techniques for drafting and interpretation
  • Modification of basic trust concepts
  • Fixed trusts and discretionary trusts: distinctions and uses
  • Rule against perpetuities
  • Rule against accumulations
  • Methods of constituting an express trust
  • The parties referred to in a trust deed
  • Trustee powers and duties
  • Format of the trust deed
  • Taxation implications of trusts
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