International Trust Disputes

Author : Sara Collins
Publisher : OUP Oxford
ISBN 13 : 0191628921
Total Pages : 900 pages
Book Rating : 4.24/5 ( download)

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Download or read book International Trust Disputes written by Sara Collins and published by OUP Oxford. This book was released on 2012-01-19 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Steven Kempster
Publisher : Oxford University Press, USA
ISBN 13 : 9780198832737
Total Pages : 0 pages
Book Rating : 4.37/5 ( download)

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Download or read book International Trust Disputes written by Steven Kempster and published by Oxford University Press, USA. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories.Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (IntestacyRules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trustdisputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on shamtrusts.A new chapter is included on the law in the Bahamas reflecting the importance of the jurisdiction to current international trusts disputes.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 beencountered in the jurisdictions where disputes are most likely to take place.

Author : Grant Jones
Publisher : Spiramus Press Ltd
ISBN 13 : 1907444580
Total Pages : 414 pages
Book Rating : 4.86/5 ( download)

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Download or read book ADR and Trusts written by Grant Jones and published by Spiramus Press Ltd. This book was released on 2015-01-05 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

Author : Stacie Strong
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198759829
Total Pages : 0 pages
Book Rating : 4.27/5 ( download)

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Download or read book Arbitration of Trust Disputes written by Stacie Strong and published by Oxford International Arbitrati. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

Author : Clover Alcolea, Lucas
Publisher : Edward Elgar Publishing
ISBN 13 : 1802201327
Total Pages : 320 pages
Book Rating : 4.21/5 ( download)

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Download or read book Arbitration of Trust Disputes written by Clover Alcolea, Lucas and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.

Author : James Sheedy
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256822
Total Pages : 744 pages
Book Rating : 4.23/5 ( download)

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Download or read book Litigating Trust Disputes in Jersey written by James Sheedy and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Author : Todd Mayo
Publisher :
ISBN 13 : 9781787428812
Total Pages : 90 pages
Book Rating : 4.18/5 ( download)

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Download or read book Effective Trust Disputes written by Todd Mayo and published by . This book was released on 2022-08-31 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trust disputes can be tremendously costly, in terms of legal fees, hiring experts and lost opportunity costs, as well as the costs attendant with the often emotionally charged atmosphere that can pit family members against one another. Despite the high toll, trust litigation continues to increase around the world - both in the number of matters being initiated and the amounts in controversy - as trust instruments become increasingly important vehicles in the management and transfer of wealth of various sizes.Preventing a fire is substantially less costly than fighting one. Identifying and appreciating the potential causes of trust disputes puts settlors, trust officials and beneficiaries in the best position to prevent a dispute from developing or accelerating.This Special Report examines the causes of trust disputes and explores the steps that settlors, trustees, beneficiaries and others can take during each stage of a trust's lifecycle - design, execution, administration and termination - to reduce the risk of sparking a dispute. Supported by real world experience and input from leading international trust practitioners, including estate planners, general counsel and experienced trust litigators, this Special Report delves into key concepts such as:thoughtful design of a trust's governance;incorporating flexibility and adaptability into a trust structure;the need for constructive communication and engagement between fiduciaries and beneficiaries;practices and procedures trust officials should consider implementing in trust administration; andhow trustees and beneficiaries can avoid adding fuel to the fire once a dispute arises.The authors also examine the benefits of involving different perspectives, including those of experienced trust litigators, at various stages of the trust's lifecycle, and offer practitioner insight into the measures and approaches both fiduciaries and beneficiaries should consider taking when a dispute first presents itself.Filled with real-world practitioner guidance, perspective and insight on issues of critical importance to fiduciaries, trust officials and beneficiaries alike, this Special Report is essential reading.

Author : Paolo Panico
Publisher : Oxford University Press, USA
ISBN 13 : 9780198754220
Total Pages : 0 pages
Book Rating : 4.21/5 ( download)

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Download or read book International Trust Laws written by Paolo Panico and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Paolo Panico
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 672 pages
Book Rating : 4.51/5 ( download)

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Download or read book International Trust Laws written by Paolo Panico and published by Oxford University Press, USA. This book was released on 2010-02-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law. It analyzes topics including protectors, shams, beneficiaries' right to information and protection from heirs and creditors, examining their development under English law and across a wide range of jurisdictions.

Author : Mark Harper
Publisher :
ISBN 13 : 9781784734367
Total Pages : 3250 pages
Book Rating : 4.65/5 ( download)

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Download or read book International Trust and Divorce Litigation written by Mark Harper and published by . This book was released on 2019-10-21 with total page 3250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated edition is an invaluable source of detailed information in respect of international trusts, viewed in a divorce law context and including an offshore perspective. It provides a readable, yet authoritative, analysis of such topics as forum shopping, conflicts of law, enforcement and asset protection legislation.International Trust and Divorce Litigation is an indispensable practical guide for offshore lawyers, trust companies, private bankers and matrimonial lawyers who represent high net worth clients.