This new definitive work on trust protectors explains the role and appointment of a protector, their powers and duties including fiduciary capacity, how a protector can be removed from office and the relationship with the trustees.
Although the trust protector is a well-established fixture in the offshore trust world, and is increasingly encountered as a feature of onshore trusts, the law relating to protectors of trusts remains both complex and diffuse. Legislation and case-law dealing directly with the protector is scattered across the world’s trust jurisdictions, and many issues of fundamental importance remain unresolved by the courts. As Donovan Waters QC writes in his Foreword, ‘A sustained monograph is surely required, giving status to the subject and bringing together for the practitioner discussion of each of the interrelated issues that use of “protectors” entails. Andrew Holden’s seminal work takes up this challenge’.
Trust Protectors is the very first full-length work devoted to the subject of protectors, and is specifically designed to assist practitioners grappling with this rapidly-evolving area of the law. Clearly and simply written, it will serve as an introduction to the topic of protectors, a full synthesis of the well-established equitable principles bearing on that office, and an invaluable source of comment and guidance on the many questions that remain unanswered. Also included is a suite of reference materials: precedents to assist in the drafting of protector clauses; an anthology of statutory provisions relating to the protector; and a bibliography drawing together the existing literature.
Grounded on English law principles, but citing authority from all the major offshore and onshore trust jurisdictions – including the United States – Trust Protectors will be essential reading for both offshore and onshore practitioners dealing with the protector, as well as for professional fiduciary service providers seeking to acquire a fuller understanding of that role.
