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Trusts in Prime Jurisdictions

Trusts in Prime Jurisdictions

Alon Kaplan | Barbara R Hauser

(2016)

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Book Details

Abstract

As globalisation continues, 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 have previously been used in a limited capacity. In parallel, the concept of the foundation has been adopted by a number of common law jurisdictions that until recently have relied exclusively on the trust. The fourth edition of 'Trusts in Prime Jurisdictions' features fully updated chapters plus new chapters on Quebec, Hong Kong, Singapore, Israel, what it means to be a fiduciary, Islamic (waqf) trusts, and trusts in relation to divorce, among others. The new edition, produced in association with STEP, provides a solid grounding in the use of trusts in a wide range of important jurisdictions. It also examines related topics, including trust taxation, anti-money-laundering laws, the OECD initiative and the notion that countries are entitled to collect taxes beyond their borders. Featuring chapters by leading professionals and recognised academics, many of whom are STEP members, the fourth edition of 'Trusts in Prime Jurisdictions' is an important handbook for all lawyers, trust practitioners and banking professionals working in the field.

Table of Contents

Section Title Page Action Price
Cover Cover
Title Page 1
Copyright Page 2
Table of Contents 3
Preface 7
Introduction 9
About STEP 13
Part One: Introduction 17
The Hague Convention on the Law Applicable to Trusts and their Recognition 17
The Hague Convention on Trusts and the Uniform Trust Code 27
Part Two: Jurisdictional overview 47
Australia 47
Bahamas 67
British Virgin Islands 85
Canada 107
Cayman Islands 123
Cyprus 145
England and Wales 159
Gibraltar 185
Guernsey 201
Hong Kong 219
India 231
Israel 245
Japan 255
Jersey 273
Liechtenstein trusts and foundations: creation and operation 287
Luxembourg – fiduciary contracts and trusts 301
Malta 311
New Zealand 327
Quebec 341
Scotland 361
Singapore 381
Trusts in Switzerland: core implications for the Swiss estate planning environment 397
Switzerland 415
United States 431
The use of US trusts in international estate planning 451
Part Three: Special Topics 457
Asset protection trusts 457
International trust litigation, jurisdiction and enforcement 483
The trustee as fiduciary: some practical considerations 505
Fiduciary responsibility: the trustee role and its risks 519
Trusts, trustees and family businesses 531
Waqf as a form of trust Judge Mohammad Abu Obied 551
Settlor control and influence through the use of settlor-reserved powers and private trust companies 559
The UK tax treatment of offshore trusts 571
Trusts and money laundering 619
International family governance: integration with family trusts 637
Trusts and divorce 647
Trustees’ mistakes: England and elsewhere 663
The trust protector – a mini-revolution in trust law 673
Trusts under attack – privacy, transparency and conflict with the taxman 703
About the authors 713