Trusts in Prime Jurisdictions

Fifth Edition

Edited by Alon Kaplan

Publication date:

04 December 2019

Length of book:

880 pages

Publisher

Globe Law and Business

Dimensions:

240x160mm
6x10"

ISBN-13: 9781787422988

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 a solid grounding 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.

Preface Introduction Alon Kaplan Barbara R Hauser Part One: Introduction Hague Convention Hein Koetz Max-Planck Institut, International Academy of Comparative Law The Hague Convention on Trusts and the Uniform Code Michael W Galligan Phillips Nizer LLP Part Two: Jurisdictional Overview Australia Allan Blaikie Mathew Fenwick Clayton Utz Bermuda Keith Robinson Carey Olsen British Virgin Islands Christopher McKenzie Vanessa King O’Neal Webster Canada Rachel Blumenfeld Martin J Rochwerg Miller Thomson LLP Cyprus Emily Yiolitis Harneys Aristodemou Loizides Yiolitis LLC Cayman Islands Bernadette Carey Carey Olsen England and Wales Martyn Gowar Ziva Robertson McDermott Will & Emery UK LLP Germany Raoul Jacobs Bafin Guernsey Natasha Kapp Nina Silva Carey Olsen Gibraltar Moses J Anahory Wayne Fortunato James Levy QC Hassans Hong Kong India Ravi Nath Rajinder Narain & Co Israel Lyat Eyal Aronson, Ronkin-Noor, Eyal Law Firm Alon Kaplan Advocate and Notary Meytal Liberman Alon Kaplan Law Firm Japan Makoto Arai Chuo University, Tokyo Jersey Justin Harvey-Hills Mourant Ozannes Oliver Schmidt Allgemeines Treuunternehmen Liechtenstein trusts and foundations: creation and operation Dietmar Loretz Jacqueline Marxer David Vogt & Partner Trust reg Luxembourg Paulo Panico Paolo Panico’s Law Chambers – Private Trustees SA Malta Priscilla Mifsud Parker Chetcuti Cauchi Advocates New Zealand Quebec Marilyn Piccini Roy Robinson Sheppard Shapiro LLP Scotland Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA Switzerland Dominique Jakob University of Zurich Peter Picht Max Planck Institute for Innovation and Competition; University of Zurich The use of trusts in Switzerland Daniel Bader Daniel Leu Baer & Karrer Ltd United States Barbara R Hauser Independent Family Adviser The use of trusts for estate planning in the US Stanley A Barg Kozusko Harris Duncan Part Three: Special Topics Asset protection trusts Gideon Rothschild Moses & Singer LLP International trust litigation, jurisdiction and enforcement David Faust Faust Oppenheim LLP The trustee as fiduciary: some practical considerations David Faust Faust Oppenheim LLP Fiduciary responsibility Susan Schoenfeld Wealth Legacy Advisors LLC Trusts, trustees and family businesses Christian Stewart Family Legacy Asia (HK) Limited Settlor control and influence-through the use of settlor-reserved powers and private trust companies Paul Matthams Carey Olsen The UK Tax Treatment of Offshore Trusts Maggie Gonzalez Buzzacott LLP Trusts and money laundering Yehuda Shaffer Deputy State Attorney (Financial Enforcement) Israel International Family Governance Integration with Family Trusts Barbara R Hauser Independent Family Adviser Trust and Divorce Ziva Robertson McDermott Will & Emery UK LLP The trust protector – a mini revolution in trust law Alexander A Bove Jr Bove & Langa Law Firm The war on trusts Filippo Noseda Withers LLP Beneficial ownership registers of companies and trusts Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA

The Fifth Edition of Trusts in Prime Jurisdictions will be a valuable primer, an enabler of us asking the right questions of our opposite numbers in the other jurisdiction, even where it does not provide the answer.