The book "Testamentary and Discretionary Family Trusts" by Charles Rowland, Phillip Edwin Bailey, and Vik Sundar is a comprehensive guide for practitioners in drafting complex testamentary and discretionary family trusts. Here is a detailed overview of the book:

Key Themes

1. Drafting System: The book provides a flexible and easy-to-use system for drafting discretionary testamentary trusts. It aims to accommodate the diverse family circumstances and testamentary wishes of testators.
2. Family Circumstances: The text addresses various family scenarios, including provisions for spouses, children, and grandchildren. It also covers contingencies such as the predecease of beneficiaries and the distribution of inheritances through discretionary trusts.
3. Precedents and Commentary: The book includes model testamentary trust precedents along with clause-by-clause commentaries. These precedents serve as the foundation for various variations of discretionary trusts, allowing practitioners to modify them according to specific family needs.

Plot Summary

The book is structured to guide will drafters through the complexities of modifying discretionary testamentary trust precedents. It begins with an introduction to the central purpose of providing a flexible drafting system. The text then delves into detailed strategies and precedents for handling different family circumstances, such as:

• Spousal and Child Provisions: It outlines how to provide for a spouse and children, including scenarios where a spouse or child predeceases the testator.
• Beneficiary Distribution: The book explains how beneficiaries are to take their inheritances through discretionary trusts, ensuring that the trust can adapt to various family structures.

Critical Reception

While specific reviews are not provided in the search results, the book's purpose and structure suggest it is well-regarded for its practical approach to drafting complex trusts. The inclusion of model precedents and detailed commentary indicates that it is a valuable resource for practitioners seeking to navigate the complexities of testamentary and discretionary family trusts.

Additional Information

• Editions: The book is available in at least two editions, with the second edition providing updated strategies and precedents.
• Legal References: The text includes references to relevant legal cases and statutes, such as WWard v Ward FMCAfam 193, which adds to its credibility and practical application.

In summary, "Testamentary and Discretionary Family Trusts" by Charles Rowland, Phillip Edwin Bailey, and Vik Sundar is a comprehensive guide designed to help practitioners draft adaptable and flexible discretionary testamentary trusts. Its detailed strategies, model precedents, and clause-by-clause commentary make it a valuable resource for those dealing with complex family trust arrangements.