Protectors of Trusts
Published on 15. August 2013
Book
Hardback
322 pages
978-0-19-955158-3 (ISBN)
Description
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 to provide a comprehensive treatment of the subject. Written by a leading practitioner from New Square Chambers, this title draws together the law of protectors which, like the jurisdictions of the trusts they protect, is found in cases and statutes scattered around the world.
Practical in approach, this book analyses the relevant case law and statutory provisions, and provides detailed guidance on the use of protectors as well as coverage of the disputes which arise from their misuse. This work comprehensively covers the subject, with chapters on appointment and removal of protectors; powers; duties; remuneration and indemnity; liabilities; litigation by and against protectors and on enforcers of non-charitable purpose trusts.
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 to provide a comprehensive treatment of the subject. Written by a leading practitioner from New Square Chambers, this title draws together the law of protectors which, like the jurisdictions of the trusts they protect, is found in cases and statutes scattered around the world.
Practical in approach, this book analyses the relevant case law and statutory provisions, and provides detailed guidance on the use of protectors as well as coverage of the disputes which arise from their misuse. This work comprehensively covers the subject, with chapters on appointment and removal of protectors; powers; duties; remuneration and indemnity; liabilities; litigation by and against protectors and on enforcers of non-charitable purpose trusts.
Reviews / Votes
Mark Hubbard has provided a fine text to aid the litigator in the rapidly expanding field of trust protectors. This scrupulously researched text has been in the making since 2006, and the level of care and attention to detail spent in the intervening years is clear. This book is extremely wide in scope yet provides sufficient detail to be of use to the domestic practitioner. * Henry Frydenson, Trusts & Trustees * This comprehensive book, which meets the author's intention of being both academically rigorous and practical in its approach, provides very necessary analysis and guidance of a role that refuses to live a simple life. ... This is to be commended as a comprehensive reference work for advisors. * Robert Clifford, STEP Journal * Protectors are an essential aspect of the administration of offshore trusts. At last this new area of trust law has the deep analysis that it needs. Everyone with an interest in offshore trusts will benefit from a careful study of Mark Hubbard's book. * James Kessler QC, Tax Chambers * This book is extremely wide in scope yet provides sufficient detail to be of use to the domestic practitioner. The drafting points included at the end of every chapter and again at appendix one are particularly strong. Although the text covers over twenty jurisdictions, it does so in a way that is neither overwhelming nor cluttered, but instead provides useful context. This is quite a useful volume for the private client practitioner or draftsman to add to their library. * Henry Frydenson MBE, Chairman of ACTAPS and Principal of Frydenson & Co * Mark Hubbard has just had his splendid book on Protectors published. No trust library worthy of the name can be without it. * Anthony Molloy QC, Shortland Chambers *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 250 mm
Width: 175 mm
Thickness: 22 mm
Weight
737 gr
ISBN-13
978-0-19-955158-3 (9780199551583)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
John Eidinow Mark Hubbard
Protectors of Trusts
E-Book
08/2013
1st Edition
OUP Oxford
€151.19
Available for download
John Eidinow Mark Hubbard
Protectors of Trusts
E-Book
08/2013
1st Edition
OUP Oxford
€185.99
Available for download
Person
Mark Hubbard specialises in commercial and chancery litigation and advisory work, with an emphasis on offshore trust and company cases, company and insolvency, trusts and administration of estates, negligence of legal professionals and conflicts of laws.
John Eidinow has a chancery litigation practice specialising in trusts both domestic and offshore, wills, probate and the administration of estates, and Inheritance Act claims, and also has much experience of litigation in related claims involving professional negligence, real property, and personal insolvency.
John Eidinow has a chancery litigation practice specialising in trusts both domestic and offshore, wills, probate and the administration of estates, and Inheritance Act claims, and also has much experience of litigation in related claims involving professional negligence, real property, and personal insolvency.
Content
1. Introduction ; 2. What is a Protector? ; 3. Appointment and Removal ; 4. Powers ; 5. The Valid Exercise of Powers by Protectors ; 6. Powers Commonly Given to Protectors ; 7. Indemnity and Remuneration ; 8. Liability ; 9. Litigation by and against Protectors ; 10. Enforcers of Purpose Trusts ; 11. Whose Law is it Anyway? ; Appendix 1: Drafting ; Appendix 2: Statutory Excerpts ; Appendix 3: Gazette of Purpose Trust Legislation