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Trusts in Prime Jurisdictions, 5th Edition

Trusts in Prime Jurisdictions, 5th Edition

  • Author:
  • Publisher: Globe Law and Business
  • ISBN: 9781787422988
  • Published In: December 2019
  • Format: Hardback , 880 pages
  • Jurisdiction: Australia, Bahamas, British Virgin Islands, Canada, Cayman Islands, Cyprus, Gibraltar, Guernsey, Hong Kong, India, International, Israel, Japan, Jersey, Liechtenstein, Luxembourg, Malta, New Zealand, Scotland, Singapore, Switzerland, U.K., U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 3,982.50
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    As globalisation continues apace, opportunities are arising for practitioners in trust jurisdictions that did not exist a few years ago. Growth continues in the traditional trust jurisdictions, especially in civil law jurisdictions where trusts and foundations have previously been used in a limited capacity. In parallel, the concept of the foundation has been adopted by several common law jurisdictions that, until recently, have relied exclusively on trusts – notably Jersey and Gibraltar.

    The fifth edition of Trusts in Prime Jurisdictions has been fully updated and features a number of new chapters on topics including trust and real estate trust in Israel, what it means to be a fiduciary family office, the role of the trust protector, Islamic (Waqf) trusts, and trusts in relation to divorce. In addition, new for this edition are chapters on Germany and Bermuda. 

    Produced in association with STEP, this edition provides an essential resource in the use of trusts in a wide range of important jurisdictions and contexts. It also examines related topics such as trust taxation, anti-money laundering laws, the OECD initiative, CRS, exchange of information, transparency of registers and the notion that countries are entitled to collect taxes beyond their borders, among others.

    Written by leading professionals and recognised academics, many of whom are STEP members, the fifth edition of Trusts in Prime Jurisdictions will be an essential resource for all lawyers, trust practitioners and banking professionals working in the field.

  • General editor: Alon Kaplan, Advocate & Notary. Advisory editor: Barbara R Hauser, independent family adviser


    Consulting editor  
    Advocate & Notary Alon Kaplan TEP
    Advisory editor  
    Barbara R Hauser LLC Barbara R Hauser
    Contributing firm Author(s)
    Anchor Trustees Limited Michael Reynolds
    Aronson Ronkin-Noor Eyal Law Firm Lyat Eyal
    Baer & Karrer Ltd Daniel Leu
      Daniel Bader
    Bove & Langa Law Firm Alexander A Bove Jr
    Buzzacott LLP Maggie Gonzalez
    Carey Olsen Natasha Kapp
      Nina Silva
    Carey Olsen Jersey Paul J Matthams
    Chetcuti Cauchi Advocates Priscilla Mifsud Parker
    Chuo University Makoto Arai
    Clayton Utz Allan Blaikie
      Natalie Hickman
    David Vogt & Partner Trust reg Dietmar Loretz
    Deputy State Attorney financial enforcement Israel Yehuda Shaffer
    Drew & Napier LLC David Chee
      Seah Ching Ling
    Family Legacy Asia HK Limited Christian Stewart
    Faust Rabbach & Oppenheim LLP David I Faust
    Harneys Aristodemou Loizides Yiolitis LLC Emily Yiolitis
    Hassans Moses J Anahory
      Wayne Fortunato
      James Levy QC
    Hebrew University of Jerusalem Gad Weiss
      Adam S Hofri Winogradow
    Judge in the Shariah Court in Nazareth and Baqa, Israel Judge Mohammad Abu Obied
    Kozusko Harris Duncan Stanley A Barg
    Maples and Calder Nigel Porteous
    Max Planck Institute Hein Kotz
    Max Planck Institute for Innovation and Competition University of Zurich Peter Picht
    McDermott Will & Emery UK LLP Martyn Gowar
      Ziva Robertson
    Miller Thomson LLP Rachel L Blumenfeld
      Martin J Rochwerg
    Moses & Singer LLP Gideon Rothschild
    Mourant Ozannes Justin Harvey Hills
    O’Neal Webster Vanessa King
    O’Neal Webster UK LLP Christopher McKenzie
    Old Trafford Consulting Ltd Nova Private Client LLP Geoffrey Shindler
    Peter D Maynard Counsel & Attorneys Peter D Maynard
    Phillips Nizer LLP Michael Galligan
    Private Trustees SA Paolo Panico
    Rajinder Narain & Co Ravinder Nath
    Robinson Sheppard Shapiro Marilyn Piccini Roy Ad E
    Society of Trust and Estate Practitioners (STEP) Worldwide David Harvey
    University of Zurich Dominique Jakob
    Wealth Legacy Advisors LLC Susan R Schoenfeld
    Withers LLP Philip Munro
      Filippo Noseda


  • Review for previous edition: A valuable one-volume resource for practitioners who may have any reason to consider, or may even be consulted about, trusts in a jurisdiction other than their own.

    Alexander A Bove
    Trusts & Estates

    A treasure of information including updated legislations are at the reader’s disposal,thus making this book a must have, and not to just be seen on the shelves of trust practitioners.

    Dr Angelo Vernardos TEP
    Founder & CEO, Heritage Trust Group

     

     

    Author interviews

    In interview with Alon Kaplan

    Now that the book is in its fourth edition, have you noticed any key differences since the previous editions?

    The book was first published in 2000, at which time the trust and estate practice environment was calm and off shore jurisdictions were flourishing even before they changed their name to “financial centers”.

    In 2016 we see dramatic changes in many jurisdictions:

    • The new EU Regulation on Succession and wills became effective in August 2015 and could affect many people in EU countries and outside the EU. New regulations relating to reporting requirements of Trusts were enacted in many countries. OECD implemented automatic exchange of information rules.
    • Tax Authorities in a number of countries conduct Voluntary Disclosure procedures in an attempt to collect taxes from undeclared assets owned by its residents.
    • Trust and estate practitioners as well as financial institutions must adapt to these new realities in order to best serve their clients. The format and contents of the book was revised and updated to cope with the new challenges.

    What would be your top tips for anyone considering setting up a trust?

    Most important is to get the full set of facts right.  What is the purpose for creating a trust, who are the parties involved (settlor and beneficiaries), and the choice of law of the trust and the jurisdictions where the trust is created and will operate.

    As general editor and able to take a birds-eye view of trusts in different jurisdictions, do you see any general trends in the trusts space?

    The general trend is to establish trusts for family and estate planning purposes rather than for use in tax planning.

    What is your view on the perspective that trusts are currently under attack?

    It is wrong to state that "trusts are under attack".  The concept and legal structure of a trust is accepted in many countries (U.K., U.S.A, Canada, Australia etc.)  The debate relating to trusts is not whether they should be used, but if and when a trust is misused for aggressive tax planning or for illegal activities.  This is a problem which is not only related to trusts, but also and more often, to the use of companies. The legitimate use of trusts for estate planning and preservation of family assets for generations is here and will continue to stay.

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