Drafting Cayman Islands Trusts

Author: James Kessler
Publisher: Kluwer Law International
ISBN: 9789041124883
Release Date: 2006
Genre: Law

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

Drafting Trusts and Will Trusts

Author: James Kessler
Publisher:
ISBN: 0414034376
Release Date: 2014-12-12
Genre: Trusts and trustees

This title provides guidance on best practice when drafting trusts and will trusts. It covers all aspects of drafting settlements and will trusts, from first principles and definitions of common terminology to types of trusts and their various uses.

International Trust Laws

Author: Paolo Panico
Publisher: Oxford University Press, USA
ISBN: 0198754221
Release Date: 2017-03-23
Genre: Law

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).

Papers of the International Academy of Estate and Trust Law 2000

Author: Rosalind F. Atherton
Publisher:
ISBN: STANFORD:36105060996738
Release Date: 2001-01-01
Genre: Law

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.

Trusts Law

Author: Graham Moffat
Publisher: Cambridge University Press
ISBN: 1139445286
Release Date: 2005-09-29
Genre: Law

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.

Tax law design and drafting

Author: Victor Thuronyi
Publisher: INTERNATIONAL MONETARY FUND
ISBN: UOM:35112202677060
Release Date: 1996-08-23
Genre: Law

Edited by Victor Thuronyi, this book offers an introduction to a broad range of issues in comparative tax law and is based on comparative discussion of the tax laws of developed countries. It presents practical models and guidelines for drafting tax legislation that can be used by officials of developing and transition countries. Volume I covers general issues, some special topics, and major taxes other than income tax.

Family Trusts

Author: Hartley Goldstone
Publisher: John Wiley & Sons
ISBN: 9781119118282
Release Date: 2015-09-21
Genre: Business & Economics

An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.