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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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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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