Full Description
As globalisation continues, the new financial centres and emerging trust jurisdictions in Asia, where much wealth is now generated, are seeking to capture a share of the lucrative private banking, estate and tax planning market. This phenomenon has created new opportunities for practitioners, who are able to operate 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 have previously been used in a limited capacity. In parallel, the concept of the foundation has been adopted by a number of common law jurisdictions that until now have relied exclusively on the trust. The third edition of Trusts in Prime Jurisdictions features fully updated chapters along with new chapters on the Austrian Foundation, Jersey, Jersey Foundations, Quebec, What it means to be a fiduciary, Waqf Moslem trust and Trusts and Divorce, among others.The new edition, produced in association with the Society of Trust and Estate Practitioners (STEP), provides a solid grounding about the use of trusts in 20 important jurisdictions.It also examines related topics, including the taxation of trusts, anti-money laundering laws and the notion that states are entitled to collect taxes beyond their borders. Featuring chapters by more than 45 leading professionals and recognised academics, many of whom are STEP members, the third edition of Trusts in Prime Jurisdictions is an important handbook for all lawyers, trust practitioners and banking professionals working in the field.
Contents
Table of contents Preface Geoffrey Shindler Lane-Smith & Shindler LLP Introduction Alon Kaplan Alon Kaplan Law Firm Barbara R Hauser Independent adviser Part I: Introduction Hague Convention Hein Koetz Bucerius Law School The Hague Convention - Switzerland Filippo Noseda Withers LLP Part II: Jurisdictional overview Australia Allan Blaikie Natalie Posternak Clayton Utz Austrian foundation Erich Baier Bilanz-Data Wirtschaftstreuhand GmbH Bahamas Peter D Maynard Peter D Maynard Counsel & Attorneys British Virgin Islands Christopher McKenzie Walkers Canada Rachel Blumenfeld Martin J Rochwerg Miller Thomson LLP Cayman Islands Justin Appleyard Maples and Calder Delaware Stanley A Barg James J Holman Duane Morris LLP England and Wales Martyn Gowar McDermott Will & Emery UK LLP Guernsey St John Anthony Robilliard Ozannes Gibraltar Moses J Anahory Wayne Fortunato James Levy Q.C. Hassans India Ravinder Nath Rajinder Narain & Co Israel Lyat Eyal Alon Kaplan Alon Kaplan Law Firm Japan Makoto Arai Tsukuba University Law School Jersey Justin Harvey-Hills Mourant Jersey - foundations Paul Matthams Carey Olsen Liechtenstein Guido Meier Meier & Kieber Rechtsanwalte AG Oliver Schmidt Allgemeines Treuunternehmen Liechtenstein trusts and foundations: creation and operation Dietmar Loretz David Vogt & Partner TreuUnternehmen reg. Luxembourg Eyal Grumberg Grumberg & Cantele New Zealand Mike Reynolds Anchor Trustees Group Panama Rubiela Samaniego Kuzniecky & Co Singapore Ching Ling Seah Drew & Napier LLC Quebec Marilyn Piccini Roy Borden Ladner Gervais LLP Switzerland Edgar H Paltzer Patrick Schmutz Niederer Kraft & Frey Ltd Trust and estate planning in Switzerland: core implications for real estate and inheritance law Professor Jakob Peter Picht University of Zurich United States Barbara Hauser Independent Adviser Part III: Special topics Asset protection trusts Gideon Rothschild Moses & Singer LLP Asset protection trusts: some practical guidelines David Faust Faust Oppenheim LLP What it means to be a fiduciary David Faust Faust Oppenheim LLP Islamic trust Judge Mohammad Abu-Obied Taxation of trusts in the United States Stephen Oppenheim Faust Oppenheim LLP Trust deed Paul Matthams Carey Olsen The UK tax treatment of offshore trusts Maggie Gonzalez Chartered Tax Adviser International money laundering issues Yehuda Shaffer Israel Money Laundering Prohibition Authority, Israeli Ministry of Justice Freedom of disposition versus forced heirship - property versus family Rosalind F Croucher Macquarie University Family governance integration with family trusts Barbara R Hauser Independent Adviser Trust and divorce Ziva Robertson Withers LLP Religious trusts St John A Robilliard Ozannes Swiss banking secrecy Nicole Hausmann HSBC Guyerzeller Bank Heini Rudisuhli Lenz & Staehelin The uses of trusts in the commercial context David Hayton Justice of the Caribbean Court of Justice About the authors
