Offshore trusts—general principles

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Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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9th Nov
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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9th Nov
Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
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Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Offshore trusts—general principles content

Practice notes
What is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is independent of the...
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Produced in partnership with Alison Cartin of Taylor Wessing LLP 9th Apr
Practice notes
For general information on Guernsey, see Practice Note: Private Client jurisdictional guide—Guernsey.Guernsey as a trust jurisdictionWhilst there are...
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Produced in partnership with Gavin Ferguson of Ogier 9th Apr
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
Read More >
Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 9th Apr
Practice notes
What is a flee clause?A flee clause is a clause in a trust instrument which purports to automatically transfer the trust assets, the trusteeship and...
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Produced in partnership with Robert Mack of HSM 9th Apr
Practice notes
This Practice Note provides an introduction to the British Virgin Islands (BVI) in the context of offshore trusts.For general information about the...
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Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Apr
Practice notes
British Virgin Islands (BVI) trusts law is contained in the Trustee Ordinance, Cap 303 (as amended) as revised from time to time and the Virgin...
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Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
British Virgin Islands (BVI) trusts law is contained in the Trustee Ordinance (as amended) (Cap 303, Laws of BVI) and the Virgin Islands Special...
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Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
For general information on the Isle of Man, see Practice Note: Private Client jurisdictional guide—Isle of Man.Legal frameworkIsle of Man trust law...
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Produced in partnership with Erin Trimble-Cregeen and Melissa Wong of Appleby (Isle of Man) LLC 9th Apr
Practice notes
AAdministrationThe process starting on the date of the deceased's death and ending on the date the deceased's affairs are finalised by his personal...
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9th Apr
Practice notes
This Practice Note provides guidance on British Virgin Islands (BVI) trusts. For general information about the BVI, see: Private Client jurisdictional...
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9th Apr
Practice notes
An offshore trust is a trust where the trustees are resident in a low or zero tax jurisdiction. Offshore trusts are, therefore, often associated with...
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Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
The requirements to establish a valid trust arise under principles of common law and will need to be met whatever the jurisdiction involved. There are...
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Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
Key considerationsIn order to access the benefits of having an offshore trust, it is vital to ensure that the management and control of the trust...
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9th Apr
Practice notes
British Virgin Islands (BVI) trusts law is contained in the Trustee Ordinance (as amended) (Cap 303, Laws of BVI) and the Virgin Islands Special...
Read More >
Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
This Practice Note provides guidance on British Virgin Islands (BVI) trusts.For general information about the BVI, see Practice Note: Private Client...
Read More >
Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
The jurisdictions whose legal systems recognise trusts are typically those that have evolved from or adopted English law and equitable principles....
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Produced in partnership with Mourant Ozannes 9th Apr
Practice notes
For general information on Jersey, see Practice Note: Private Client jurisdictional guide—Jersey [Archived].Legal frameworkThe legal framework for...
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Produced in partnership with Mr David Dorgan 9th Apr
Practice notes
Part VIII of the Trusts Law (2020 Revision)The Cayman Islands provides for a unique form of non-charitable purpose trust referred to as a ‘STAR...
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Produced in partnership with Mourant Ozannes and Carey Olsen 5th Mar
Practice notes
This Practice Note provides guidance on Cayman Islands trusts. For general information about the Cayman Islands, see: Private Client jurisdictional...
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Produced in partnership with Mourant Ozannes and Carey Olsen 5th Mar

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