header-logo header-logo

09 February 2024 / Emma Cooper-Hedges
Issue: 8058 / Categories: Features , Profession , Wills & Probate , Tax
printer mail-detail

Book review: Drafting Trusts & Will Trusts: A Modern Approach (15th Edition)

"It will occupy an important place in the library of both seasoned and aspiring trust lawyers"

Author: James Kessler KC, Amy Berry, James Davies, Michael Ranson & Chris de Beneducci

Publisher: Sweet & Maxwell

ISBN: 9780414111844

RRP: £140


As Virginia Woolf said, ‘Words… are the wildest, freest, most irresponsible, most unteachable of all things.’ Drafting can be deceptively difficult as a result. Trust and will drafting is no exception. As Kessler et al note, not only does this type of drafting demand a good grounding in trust law, succession law, tax law, some property law, and a dash of insolvency and family law, but also empathy and the ability to communicate. This might seem a long list of ingredients, but adopting a precedent without understanding it or appropriately tailoring it to the client’s circumstances is a recipe for trouble. Fortunately, Drafting Trusts & Will Trusts: A Modern Approach equips practitioners with the knowledge they need to prepare tightly drafted legal documents, written in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll