Wills / Probate / Trusts

International Trust Laws, 2nd Edition

By Paolo Panico
Oxford University Press March 2017

Specifications

ISBN-13
9780198754220
Publisher
Oxford University Press
Publication
March 2017
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

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).

Table of Contents

Introduction
Creation of Trusts
1: Creation and validity of trusts: the settlor's intention
The Powers and Duties of Trustees
2: Trustee Investments: Powers and Duties
3: Delegation of Trustee Functions
4: The Business Enterprise as a Trust Asset
5: Dispositive Powers and the Rule in Hastings-Bass
Trustee Liability
6: Trustee Liability to Third Parties
7: Trustee Exemption Clauses
8: Trustees' Remuneration and Expenses
Control Mechanisms
9: Disclosure of Information to the Beneficiaries and Letters of Wishes
10: Protectors
Special Uses of Trusts
11: Protection from Heirs and Creditors
12: Non-Charitable Purpose Trusts

About the Author

Paolo Panico, Managing Director, Private Trustees SA Luxembourg & Geneva; Adjunct Professor of International Business, University of Modena, Italy  

Reviews

"...a remarkable achievement - jurisdictional monoglots, such as myself, have much to learn from it, and from the author's experience and example." - Toby Graham, Trusts and Trustees

"copioulsy researched and lucidly written International Law of Trusts is an important book. Phillip Taylor MBE, Richmond Green Chambers"

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