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Protectors of Trusts

Protectors of Trusts

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199551583
  • Published In: August 2013
  • Format: Hardback , 320 pages
  • Jurisdiction: Commonwealth, U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    • Expertly draws together and analyses the legal framework for the use of protectors and enforcers
    • Offers practical guidance for both contentious and non-contentious practitioners on the use and misuse of protectors and the disputes arising as a result
    • Contains in-depth coverage of the use of protectors in international trusts
    • Includes drafting guidance and practical features such as checklists, precedents, and case summaries
    • Statutory excerpts from 24 jurisdictions
    • Includes drafting guidance and model clauses


    A protector is a person appointed under the trust instrument given powers in relation to the administration of the trust. The modern use of protectors came about because settlors of international trusts were concerned about the risks involved in transferring their assets to trustees in distant countries. Protectors are now a common and important feature of trust structures, as used in many international financial centres. 

    Protectors of Trusts is the ideal first port of call for anyone who needs to know about trust protectors, whether from a contentious or a non-contentious perspective and aims to provide a comprehensive treatment of the subject. Written by a leading practitioner from New Square Chambers, this title draws together the law of protectors which, like the jurisdictions of the trusts they protect, is found in cases and statutes scattered around the world.

    Practical in approach, this book analyses the relevant case law and statutory provisions, and provides detailed guidance on the use of protectors as well as coverage of the disputes which arise from their misuse. This work comprehensively covers the subject, with chapters on appointment and removal of protectors; powers; duties; remuneration and indemnity; liabilities; litigation by and against protectors and on enforcers of non-charitable purpose trusts.

     

    Jurisdictions covered:

    As discussed in more detail in Chapter 11, protectors are appointed under trust instruments governed by many different laws. Each of those laws is different, yet all are based on English equity law and have evolved a broadly similar law of trusts, not least under the homogenizing influence of commercial trends in the global market in international trust services. It is possible and useful to treat the various laws to which a particular trust and its protector may be subject as being fundamentally the same law, ‘the international law of trusts’, while also seeking to identify and analyse differences in the approach to protectors, where these are apparent from the statutes and case law of particular jurisdictions.

    This work primarily considers English and Commonwealth trust law, where relevant to the subject, and in particular the trust laws of jurisdictions typically used as the home jurisdictions for international trusts (and which are termed ‘relevant jurisdictions’ in this book). Accordingly, an attempt is made to cover relevant material from: Anguilla, Antigua and Barbuda, the Bahamas, Barbados, Belize, Bermuda, the British Virgin Islands, Brunei Darussalam, the Cayman Islands, the Cook Islands, Cyprus, Dominica, Dubai DIFC, Guernsey, the Isle of Man, Jersey, Labuan, Malta, Mauritius, Montserrat, San Marino, Seychelles, St Christopher and Nevis, 19 St Vincent and the Grenadines, and Turks and Caicos.

     

    Readership: 

    Solicitors, barristers and international lawyers specialising in trust law in private client and commercial contexts; solicitors and international lawyers working in-house in banks, trust companies, wealth managers and family offices in the UK and internationally; trust managers working in banks, trust companies wealth managers and family offices in the UK and internationally; academic libraries in the UK and internationally.

  • 1: Introduction
    2: What is a Protector?
    3: Appointment and Removal
    4: Powers
    5: The Valid Exercise of Powers by Protectors
    6: Powers Commonly Given to Protectors
    7: Indemnity and Remuneration
    8: Liability
    9: Litigation by and against Protectors
    10: John Eidinow: Enforcers of Purpose Trusts
    11: Whose Law is it Anyway?
    Appendix 1: Drafting
    Appendix 2: Statutory Excerpts
    Appendix 3: Gazette of Purpose Trust Legislation

  • Mark Hubbard specialises in commercial and chancery litigation and advisory work, with an emphasis on offshore trust and company cases, company and insolvency, trusts and administration of estates, negligence of legal professionals and conflicts of laws.

    John Eidinow has a chancery litigation practice specialising in trusts both domestic and offshore, wills, probate and the administration of estates, and Inheritance Act claims, and also has much experience of litigation in related claims involving professional negligence, real property, and personal insolvency.

     

    Contributors: 
    John Eidinow, Barrister, New Square Chambers

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