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

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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