The settlor : reserved powers and private trust companies -- Beneficial interests : protection, forfeiture, and trust termination -- Disclosure of information to the eneficiaries and letters of wishes -- Trustees' dispositive powers and discretionary trusts -- The rule in Hastings-Bass, mistake, and rectification -- Trustee exemption clauses -- Trustee liability to third parties -- Trustees' remuneration, expenses, and indemnity -- Directed trusts and delegated trusts -- Protectors -- Firewall legislation -- Asset protection trusts -- Non-charitable purpose trusts -- Trusts without equity -- Quistclose trusts
The International Trust presents an in-depth analysis of a range of highly topical issues of great significance in the area of international trust law. Under the editorship of a leading trust law specialist, a team of eminent contributors have applied their expertise to addressing a range of subjects at the cutting edge of thinking in this area. Part I of the book contains the indispensable conflict of laws chapters, each now extensively updated by its original author. Part II covers a wide variety of issues crucial to trust advisers, each updated to take in the latest developments in areas including trusts and finance law, money laundering and trusts, protectors and purpose trusts. Part III contains chapters on Italy and China - jurisdictions in which recent trust law developments have generated considerable international interest. Part IV contains Professor Donovan Waters' notable chapter on the future of the trust fully updated by the author.
This new edition (first edition titled The International Trust - ISBN 0 85308 598 6) includes chapters dealing with the international recognition of trusts and the future of the trust from a worldwide perspective. It has also been revised and updated to include recent developments affecting the development of international trusts including coverage of sham trusts, money laundering, and VISTA trusts.
A comprehensive, up-to-date material source offering comparison and analysis of trust laws concerned with major jurisdictions across the globe. Contains a digest of trust laws for each of the jurisdictions; considers special issues of related interest to the international trust practitioner and features the complete text of the trust statutes of jurisdictions.
Trust and international relations -- Fear and the origins of the Cold War -- European cooperation and the rebirth of Germany -- Reassurance and the end of the Cold War -- Trust and mistrust in the post-Cold War era.
The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
This book is concerned with the development of the trust idea in common law jurisdictions, whether mainland or offshore, and in civil law jurisdictions. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts, about which little has been written. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the Recognition of Trusts comes to be implemented. In this volume the work of leading trust scholars in Canada, England, the USA, Germany and Japan is brought together to explore key issues in trust law, until now not covered in any single resource: the full elasticity of the trust concept; the variety and significance of commercial or financial trusts; the scope for reforming trust law in various jurisdictions to make it more economically efficient in assisting in the preservation and generation of wealth; the potential for the development of a core trust concept in civil law jurisdictions as a special part of the law of obligations, without any need to create equitable proprietary interests in favour of beneficiaries. Modern International Developments in Trust Law will be of interest not only to academic trust lawyers and comparative lawyers, but to common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions.
The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts. Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centers are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centers is opening up new routes for international investment and tax mitigation. This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction. Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard.
Trust in International Cooperation challenges conventional wisdoms concerning the part which trust plays in international cooperation and the origins of American multilateralism. Brian C. Rathbun questions rational institutionalist arguments, demonstrating that trust precedes rather than follows the creation of international organizations. Drawing on social psychology, he shows that individuals placed in the same structural circumstances show markedly different propensities to cooperate based on their beliefs about the trustworthiness of others. Linking this finding to political psychology, Rathbun explains why liberals generally pursue a more multilateral foreign policy than conservatives, evident in the Democratic Party's greater support for a genuinely multilateral League of Nations, United Nations and North Atlantic Treaty Organization. Rathbun argues that the post-World War Two bipartisan consensus on multilateralism is a myth, and differences between the parties are growing continually starker.
