International Trust Laws

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).

1 - The Settlor: Reserved Powers and Private Trust Companies
2 - Beneficial Interests: Protection, Forfeiture, and Trust Termination
3 - Disclosure of Information to the Beneficiaries and Letters of Wishes
4 - Trustees Dispositive Powers and Discretionary Trusts
5 - The Rule in Hastings-Bass, Mistake, and Rectification
6 - Trustee Exemption Clauses
7 - Trustee Liability to Third Parties
8 - Trustees' Remuneration, Expenses, and Indemnity
9 - Directed Trusts and Delegated Trusts
10 - Protectors
11 - Firewall Legislation
12 - Asset Protection Trusts
13 - Non-charitable Purpose Trusts
14 - Trusts without Equity
15 - Quistclose Trusts

Paolo Panico is Managing Director of Private Trustees SA, Luxembourg & Geneva, and Adjunct Professor of International Business at the University of Modena, Italy.