How to Put Your Assets in Trust, Even in Wills!

ISBN-13: 9781466971837 / Angielski / Miękka / 2013 / 318 str.

Llb (Hon ). Lon Sadick H. Keshavjee

Opis

"This handbook manual is a simple general restatement of the law of trusts. In it, the author has in straightforward language highlighted the importance of trusts in modern society and has explicitly compared and contrasted them with wills. What is also contained is a look at other concepts and principles which have an impact on the complex law of trust. The essential elements of a trust are also explained. Categorization of trusts into constructive, discretionary, protective, fully secret, half secret, resulting and charitable trusts is also concisely dealt with. Mutual Wills are dealt with together with secret Appointment, retirement, removal of trustees, powers, of trustees and investment duties of trustees are explained. The importance of trust corporations in rendering executor and trustee services is also dealt with. Trusts in customary law are in an outline form dealt with in the concluding chapter. All this is dealt with in simple straightforward language in the handbook manual and is therefore useful in a study of trusts. ......... I therefore recommend this handbook as useful for law students and paralegal officers and in particular all those engaged in the provision of trustee services. This handbook is also suitable for all those studying law as an optional curricula subject and is a simple guide for the legal practitioner. Little has been written on probate practice since and before the enactment of the Law of Succession Act. This book therefore acts as a watershed on a topic mostly, if not all the time, treated with awe. It is a simple analytical restatement of the basic legal principles both on substantive and practical probate law. Such vital practical aspects in probate practice as the mode of execution and revocation of wills including validity thereof are covered including most contentious subject on dependency. The book is dotted with hallmark court decisions reproduced in simple form to assist any reader. After all, case law is the principle ingredient of probate practice. Nevertheless, the author has managed to put across the message about the vitality and complexity of probate law and practice as is demonstrated by his attempt to tackle a subject as intricate as perpetuities. Whilst briefly tackling this very demanding topic of validity of dispositions, the author makes a curious reader understand the future need for a greater in-depth analysis of this topic. In a subject as complex in language and construction as probate law, the author has meticulously used concise simple language with constant fluency that any reader interested in this important subject will find the book worth reading and educative. The book's most poignant message is that one must make a Will and not only a Will but a valid Will for the sake of posterity. I endorse this message and concur with the author's introductory statement that, and I quote, "the cost of a Will is not high, especially compared with headache and confusion that may be caused after your death if you leave no Will or a badly drafted Will." The level of our development and the changing social, cultural and traditional systems will make it imperative that we develop a habit of making Wills. Whilst a Will need not be in any prescribed format, it is my hope that future publications on this subject will be supplemented with a sample of demonstrative wills for greater practical clarity. Though it is not mandatory to consult a lawyer while making a valid Will, the author has highlighted, and rightly so, the necessity of seeking proper legal advice to ensure adequate guidance and thus avoid resulting pitfalls of subjecting a Will to protracted litigated construction suits. I recommend the reading of this book to all legal practitioners mainly as a handy guide on day to day ordinary probate business." S. AMOS WAKO, EBS, EGH, MP ATTORNEY GENERAL