Drafting Trusts and Will Trusts: A Modern Approach

Edited by: James Kessler KC TEP et al.

Reviewed by: Ed Buckland TEP

Those of us with long memories will recall the first ever edition of this work, which graced our shelves in 1992. It is quite remarkable then that some 30 years have passed and that now we have the 15th edition, still helmed by James Kessler KC TEP but with an extremely strong supporting cast of talented authors.

What changes have been made over the years? Well, we started with 11 chapters and now we have 35. We saw the introduction of a CD (remember them?) full of precedents. And now we have the option to read the book digitally on an e-reader.

Some things, however, remain the same. Those who remember the first volume will also remember the refreshingly straightforward and clear style championed by the book. They will remember the appropriate disdain held for those wordy clauses that many practitioners, let alone their clients, failed to follow. Who does not recall the extraordinarily helpful and detailed way that the reader was led through the various stages of a trust deed in order to help them (and so help the client) in the consideration of many drafting points?

As the authors say themselves on page 17:

‘The modern drafting style adopted in this work, which may have been considered revolutionary at the time of the first edition of this work, is present orthodoxy.’

This author would only beg to differ in that there was no ‘may’ about it: it was revolutionary and perhaps the greatest testament to the power of this work is the fact that it is now considered orthodoxy.

Expressing one idea per clause, adding punctuation, using the passive voice with restraint: these are all now de rigueur, when before they were considered unthinkable.

Those familiar with the book with be familiar with the layout, which remains pretty much as per the last edition. It is good to see, however, that decisions such as Grand View Private Trust Co v Wong are considered,[1] as are cases related to the wider or narrower view of the role of the protector.

Showing its ability to keep up with the times, the section on virtual execution, although brief, is another example of how this book has changed, as the idea of virtual execution would have been entirely alien in 1992.

To conclude, this revolutionary book, for revolutionary it truly was, continues in very strong form.

This author can do no better than to quote the Honourable Justice David Hayton when he says in his foreword:

‘This book has now established for itself an indispensable place in the library of any serious trust lawyer.’

ISBN: 978-0414111844

Price: GBP140

Publisher: Sweet & Maxwell