Protectors Of Trusts
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Protectors Of Trusts
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Author : Mark Hubbard
language : en
Publisher:
Release Date : 2013
Protectors Of Trusts written by Mark Hubbard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
A protector is a person appointed under the trust instrument given powers in relation to the administration of the trust. The modern use of protectors came about because settlors of international trusts were concerned about the risks involved in transferring their assets to trustees in distant countries. Protectors are now a common and important feature of trust structures, as used in many international financial centres. Protectors of Trusts is the ideal first port of call for anyone who needs to know about trust protectors, whether from a contentious or a non-contentious perspective and aims.
Protectors Of Trusts
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Author : Mark Hubbard
language : en
Publisher: OUP Oxford
Release Date : 2013-08-15
Protectors Of Trusts written by Mark Hubbard and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-15 with Law categories.
Protectors of Trusts is a first port of call for anyone who needs to know about protectors, whether from a contentious or a non-contentious perspective. It provides analysis of case law and statutory provisions across a number of jurisdictions and detailed practical guidance on the use of protectors, their powers, duties, rights, and liabilities.
Family Trusts
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Author : Hartley Goldstone
language : en
Publisher: John Wiley & Sons
Release Date : 2015-09-21
Family Trusts written by Hartley Goldstone and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-21 with Business & Economics categories.
An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.
Trust Protectors A Practice Manual With Forms
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Author : Alexander A. Bove, Jr.
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-09-01
Trust Protectors A Practice Manual With Forms written by Alexander A. Bove, Jr. and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-01 with Law categories.
The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.
Trust Protectors
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Author : Lawrence A. Frolik
language : en
Publisher:
Release Date : 2016
Trust Protectors written by Lawrence A. Frolik and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Settlors are increasingly naming trust protectors, particularly for trusts that may endure for many years, because of the possible need to amend the trust in light of changing laws and changing circumstances. Trust protectors have also become popular for trusts with beneficiaries who have an intellectual disability that may prevent them from enforcing their beneficial interest in the trust. The selection of a protector, the powers to be granted the protector and the standard of care required of the protector require thoughtful consideration. This Article also discusses the origin of trust protectors, their current statutory basis, and the few existing cases that analyze the legal status and role of a trust protector.
Trust Protectors
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Author : Andrew Holden
language : en
Publisher:
Release Date : 2015-12-31
Trust Protectors written by Andrew Holden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-31 with categories.
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Planning And Defending Asset Protection Trusts
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Author : Evan H. Farr
language : en
Publisher: ALI-ABA
Release Date : 2009
Planning And Defending Asset Protection Trusts written by Evan H. Farr and has been published by ALI-ABA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
Trust Protectors
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Author : Andrew Holden
language : en
Publisher: Jordan Publishing (GB)
Release Date : 2011
Trust Protectors written by Andrew Holden and has been published by Jordan Publishing (GB) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Trusts and trustees categories.
This new definitive work on trust protectors explains the role and appointment of a protector, their powers and duties including fiduciary capacity, how a protector can be removed from office and the relationship with the trustees.
Trust Protectors Agency Costs And Fiduciary Duty
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Author : Stewart E. Sterk
language : en
Publisher:
Release Date : 2008
Trust Protectors Agency Costs And Fiduciary Duty written by Stewart E. Sterk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
First used in conjunction with offshore trusts, trust protectors have begun to appear in domestic trusts as well. In part, the protector appears designed to reduce agency cost problems associated with the trust form. But the emergence of trust protectors raises a new set of agency cost problems: first, do protectors owe any enforceable duties to the trust beneficiaries, or to anyone else; second, how, if at all, do the powers conferred on the trust protector affect the responsibilities of the trustee? Current doctrine has not yet answered these questions. And the answers may differ depending on the purposes for which the protector was appointed and the powers the settlor has conferred on the protector. This article attempts to situate the trust protector in the web of relationships that surround the private express trust, exploring the agency costs avoided and created with the advent of trust protector, and examining the ramifications for fiduciary duty law.
Regularizing The Trust Protector
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Author : Paul B. Miller
language : en
Publisher:
Release Date : 2018
Regularizing The Trust Protector written by Paul B. Miller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Increasingly, settlors of trusts in on-shore jurisdictions are making use of trust protectors. Protectors serve a variety of functions but generally speaking they are appointed to provide additional security for settlors' expectations that trusts will be administered in accordance with their intentions. Given the potential breadth and variety of functions performed and powers wielded by protectors, their use generates important and profound theoretical issues. Taking its cues from recent efforts to regularize trust protection, this essay addresses questions concerning the extension of fiduciary duties to trust protectors. Amongst other things, it questions the tenability of proposals for broad extension of fiduciary status to protectors and advocates a structured fact-based approach to fiduciary characterization of trust protection mandates.