Author: James Kessler
Publisher: Kluwer Law International B.V.
Release Date: 2006-01-01
The Cayman Islands is one of the world's leading jurisdictions for the establishment of offshore trusts. However, it is not easy for a practitioner to approach the drafting of a Cayman Islands trust instrument with confidence. This eminently practical book solves that problem to near perfection. Arranged as a collection of precedents, with each provision of every precedent explained in detail, Drafting Cayman Islands Trusts, could hardly make the drafting process easier. The drafter learns the advantages and potential pitfalls associated with each provision as he or she prepares to draft it. The authors provide specific language, although individual variations (based on the authors' expert guidance) are encouraged. The precedents covered including the following: Discretionary trusts (with and without protectors) Interest in possession trust Reserved powers trust Charitable trust STAR trusts Appointments and retirements of trustees For additional convenience, the precedents are also provided in Word format on a CD-ROM that comes with the book. The detailed annotation answers such key questions as the following: Are hostile beneficiaries clauses valid? Do automatic flee clauses work? What powers can a settlor reserve? How can STAR trusts be used to protect trustees holding high-risk assets? Would STAR trusts be recognised in other jurisdictions? How can one restrict a beneficiary's right to information and trust documents? Can the appointment of a foreign trustee discharge a retiring Cayman trustee? What indemnities should retiring trustees request from successors? As a systematic approach to drafting Cayman Islands trusts, this book will be of immeasurable day-to-day value to practitioners and administrators alike. James Kessler QC is a leading practitioner at the Revenue bar. He is the author of Drafting Trusts andamp; Will Trusts, Taxation of Foreign Domiciliaries, and Taxation of Charities. He is a founder member of STEP and founder of the Trusts Discussion Forum. Tony Pursall is a Cayman Islands attorney-at-law, who practices from the London office of Maples and Calder. He is a member of the STEP International Committee and of the City of London branch committee of STEP. He is the author of the Cayman Islands section of the World Trust Survey for Trusts andamp; Trustees and is a contributor to the Cayman Islands section of Planning and Administration of Offshore and Onshore Trusts. andquot;All those who work with Cayman Islands trusts, here or abroad, should leap to their feet and applaud James Kessler and Tony Pursall for this splendid work.andquot; Antony Duckworth, Partner, Charles Adams, Ritchie andamp; Duckworth
Author: Richard C. Nolan
Publisher: Cambridge University Press
Release Date: 2018-05-31
Trust law has grown and developed over recent years through the continued ingenuity of practitioners and the provision of innovative new trust laws by offshore jurisdictions. The wealth managed through the medium of trust law has also changed in recent years, as increasingly it has come from the newly rich of Asia. This brings distinctive issues to the fore: the role of settlors, family members and trusted advisors in trust administration; the position of trustees in relation to instructions coming from such persons; and an increased desire for confidentiality in trust administration and the settlement of trust disputes. This collection focuses on trusts which are deliberately created to manage wealth and the concomitant issues such trusts raise in other areas of law. Essays from leading members of the judiciary, practitioners and academics explore these developments and their implications for the users of trust law and for society in general.
Author: Paolo Panico
Publisher: Oxford University Press, USA
Release Date: 2017-03-23
International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts. The book combines academic rigour and analysis with a practical focus on trusts in the real world, including assets which modern settlors wish to envelop in a trust; liability concerns of trustees; and the governance, command, and control mechanisms which increasingly form the largest feature of trust creation. It also provides valuable background for trust law practitioners, whether they advise on trusts, draft trust documents, or litigate trust-related matters. The new edition has been fully revised and updated to address important developments in case law and legislation, including the UK Supreme Court decision on the "rule in Hastings-Bass" (Pitt and Futter cases), the Privy Council decision on 'reserved powers trusts' (TMSF), decisions on forced heirship issues in Jersey and Guernsey, decisions on 'asset protection trusts' in the US, the Trusts (Amendment N. 5) (Jersey) Law 2012 and Trusts (Amendment N. 6) (Jersey) Law 2013, Hong Kong's Trust Law (Amendment) Ordinance 2013, the Virgin Islands Special Trusts (Amendment) Act 2013 and Trustee (Amendment) Act 2013, Cyprus' International Trusts (Amendment) Law 2012 Cayman Islands, Trusts Law (2011 Revision), and amendments to the trusts law of New Zealand. It also offers new coverage of the retirement, removal, and appointment of trustees, with a special emphasis on trustee indemnity; and the recognition of trusts in non-trust jurisdictions (civil law jurisdictions, Eastern Europe, Islamic countries, and China).
Author: Graham Moffat
Publisher: Cambridge University Press
Release Date: 2005-09-29
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Author: James Kessler
Publisher: A&C Black
Release Date: 2012-08-31
The specialist information includes a clear overview of Northern Ireland's trust laws, invaluable drafting tips and advice, legal pitfalls and common drafting mistakes, the very latest tax rates and regulations, plus best practice guidelines. Legal, tax and accountancy practitioners will find this accessible book truly indispensable. It supplies the tools and instructions that will help you build watertight trusts and will trusts in Northern Ireland. The comprehensive precedents on the accompanying CD-ROM will save time without cutting corners. These superb tools allow you to draft crisp, accurate legally binding trusts and will trusts with the minimum of research. Buy this superb guide to Northern Ireland trust law and benefit from: The practical precedents - use these to create accurate trusts and will trusts time after time; The latest legislation - everything you need to know on Northern Ireland law and tax law; Essential new chapters on Northern Ireland wills, care fees and trustee indemnities; All you need to know on trustees - the role and responsibilities, plus how to appoint somebody; Key financial advice on stamp duty transactions; A vast amount of knowledge and experience from two leading experts in this field; A comprehensive overview of Northern Ireland trust law.
Author: Rosalind F. Atherton
Release Date: 2001-01-01
The International Academy of Estate and Trust Law is a prestigious body that comprises leading estate and trusts lawyers from civilian and common law jurisdictions around the globe. Its membership - all experts in trusts, estate and inheritance law, and/or tax law - includes solicitors, barristers, notaires, judges, and law professors. The group's proceedings manifest a comparative approach, offering perspectives on issues of direct and immediate concern for both civil and common law jurisdictions. This volume records the May 2000 week-long conference in Berlin, which focused on four main topics: This volume, the second published by Kluwer Law International, continues to engage the deep interest of researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law. It makes available to a wide audience the analyses of academic and professional leaders on topics of immediate relevance.
Author: Dennis Campbell
Release Date: 1984
Genre: Industrial laws and legislation
Guide for doing business in a few selected Latin American countries each dealt with per chapter. Countries covered in the basic volume are: Argentina, the Bahamas, Bolivia, Brazil, Cayman Islands, Chile, Colombia, Guatemala, Mexico, Panama, Peru and the Turks and Caicos Islands. The Pocket Supplement updated the materials and includes new chapters on Honduras, Uruguay and Venezuela.