Full Description
Although the trust protector is a well-established fixture in the offshore trust world, and is increasingly encountered as a feature of onshore trusts, the law relating to protectors of trusts remains both complex and diffuse. Legislation and case-law dealing directly with the protector is scattered across the world's trust jurisdictions, and many issues of fundamental importance remain unresolved by the courts.
The second edition of Holden on Trust Protectors will provide coverage of more than 25 new cases decided since 2011 directly touching on the powers, duties, rights and proper role of the protector. As well as analysis of decisions emanating from the traditional offshore centres, Holden on Trust Protectors will consider judgments from major common law jurisdictions, including England, Canada, Australia, New Zealand, and the United States, where the protector concept is rapidly gaining visibility. In addition, it will provide important new analysis of a range of issues relevant to trust practitioners, including:
* Protector as 'de facto trustees', and the implications for the trust.
* Protectors and matrimonial claims.
* Important new jurisprudence concerning the enforcers of purpose trusts.
Contents
* Introduction * Fiduciary position * Appointment of protectors Powers * Limits of the protector's powers * The protector's duties * Rights of protectors * Judicial control of the protector's powers * The protector's personal liability * The trustees' relationship with the protector * Death, resignation and removal of protectors * Appendices
