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Ogier | Cayman Islands | 4 Aug 2022

Trustees trapped by troublesome trusts

The Cayman Islands Grand Court recently delivered an ex tempore judgment sanctioning a momentous decision taken by Standard Chartered Trust (Singapore) Limited in its capacity as trustee of the Emerging Markets Diversified Fund Trust, a Cayman Islands-law governed trust. The Court delivered a helpful summary of the factors that it will consider when determining an application by a trustee for......
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Penningtons Manches Cooper LLP | United Kingdom | 21 Jul 2022

Trustees' duties: the basics for new trustees

All charities must have an identifiable body of persons who are responsible for the general control and management of the charity. These individuals…
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Helix Legal | Australia | 10 Jul 2022

Statutory Trusts ambiguity is a major concern

There are approximately 130 new Trusts provisions in BIFA 2017, as amended in 2020. This new Trusts regime is very different to the original Trusts…
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Mason Hayes & Curran LLP | Ireland | 28 Jun 2022

Information Update for Masters Trusts

The Pensions Authority (the Authority) released an information update on master trusts regarding the impending 1 July 2022 compliance deadline with…
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Taylor Wessing | United Kingdom | 23 Jun 2022

My trust is registered on the UK trust register. Can anyone access the information on the trust?

In most cases, under the current rules, there will not be unrestricted public access to information on a trust held on the UK trust registration…
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Zhong Lun Law Firm | China | 17 May 2022

如何理解房屋委托经营合同中的代理行为

在大型商场、卖场、写字楼的底商出租时,经常遇到经营性房屋的所有权人或承租人(以下简称“委托人”)委托第三方作为房屋委托经营…
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Ogier | Jersey | 12 May 2022

Jersey Royal Court reaffirms approach to indemnification of trustees

In the recent case of Representation of White Willow (Trustees) Limited, the Royal Court reaffirmed a trustee's broad right to an indemnity as reasonable security when making an interim distribution to beneficiaries. While this may be an uncontroversial principle, in this case the Royal Court helpfully confirmed that it was unnecessary for a trustee to have to demonstrate, as a precursor, the......
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A G Paphitis & Co | Cyprus | 5 May 2022

Trusts and trustee services in Cyprus

Seeking competent planning advice is key when choosing the best structure for a trust, as well as managing and administrating it, in accordance with the International Trusts Law of 1992 to 2013. When structuring a trust, both asset wealth protection and estate planning options should be considered. Cyprus trusts also offer unique tax advantages, and there is a wide network of double taxation......
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Ogier | Jersey | 7 Apr 2022

Multi-million fraud judgment against trustee for misappropriation of trust assets

In a recent judgment, the Royal Court made findings of fraud against the former trustee of a Jersey trust. The Court also revisited the test for determining whether a trust is a sham and considered, for the first time, when it might be appropriate to exercise its statutory jurisdiction to save a trust that is wholly or partially unlawful.
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Forsters LLP | United Kingdom | 7 Apr 2022

Letters of wishes in UK inheritance

Letters of wishes play an important role in respect of trusts and are closely associated with discretionary trusts, whereby trustees are given discretion over which beneficiaries to benefit and whether to benefit them through distributions of income and/or capital. However, any trust should be accompanied by a letter of wishes or other guiding document, so that the trustees have a clear sense......
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