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Vol 25 No 2 Feb/March 2020

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Trusts in Prime Jurisdictions 5th ed

Edited by: Alon Kaplan

ISBN13: 9781787422988
Previous Edition ISBN: 9781911078081
Published: December 2019
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback, 2 Volumes
Price: £295.00

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As globalisation continues apace, opportunities are arising for practitioners 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 and foundations have previously been used in a limited capacity. In parallel, the concept of the foundation has been adopted by several common law jurisdictions that, until recently, have relied exclusively on trusts – notably Jersey and Gibraltar.

The fifth edition of Trusts in Prime Jurisdictions has been fully updated and features a number of new chapters on topics including trust and real estate trust in Israel, what it means to be a fiduciary family office, the role of the trust protector, Islamic (Waqf) trusts, and trusts in relation to divorce. In addition, new for this edition are chapters on Germany and Bermuda.

Produced in association with STEP, this edition provides a solid grounding in the use of trusts in a wide range of important jurisdictions and contexts. It also examines related topics such as trust taxation, anti-money laundering laws, the OECD initiative, CRS, exchange of information, transparency of registers and the notion that countries are entitled to collect taxes beyond their borders, among others.

Written by leading professionals and recognised academics, many of whom are STEP members, the fifth edition of Trusts in Prime Jurisdictions will be an essential resource for all lawyers, trust practitioners and banking professionals working in the field.

Equity and Trusts, Banking and Finance, Taxation
Introduction Alon Kaplan Barbara R Hauser

Part One: Introduction
Hague Convention Hein Koetz Max-Planck Institut, International Academy of Comparative Law
The Hague Convention on Trusts and the Uniform Code Michael W Galligan Phillips Nizer LLP

Part Two: Jurisdictional Overview
Australia Allan Blaikie Mathew Fenwick Clayton Utz
Bermuda Keith Robinson Carey Olsen
British Virgin Islands Christopher McKenzie Vanessa King O’Neal Webster
Canada Rachel Blumenfeld Martin J Rochwerg Miller Thomson LLP
Cyprus Emily Yiolitis Harneys Aristodemou Loizides Yiolitis LLC
Cayman Islands Bernadette Carey Carey Olsen
England and Wales Martyn Gowar Ziva Robertson McDermott Will & Emery UK LLP
Germany Raoul Jacobs Bafin
Guernsey Natasha Kapp Nina Silva Carey Olsen
Gibraltar Moses J Anahory Wayne Fortunato James Levy QC Hassans
Hong Kong
India Ravi Nath Rajinder Narain & Co
Israel Lyat Eyal Aronson, Ronkin-Noor, Eyal Law Firm Alon Kaplan Advocate and Notary Meytal Liberman Alon Kaplan Law Firm
Japan Makoto Arai Chuo University, Tokyo
Jersey Justin Harvey-Hills Mourant Ozannes Oliver Schmidt Allgemeines Treuunternehmen
Liechtenstein trusts and foundations: creation and operation Dietmar Loretz Jacqueline Marxer David Vogt & Partner Trust reg
Luxembourg Paulo Panico Paolo Panico’s Law Chambers – Private Trustees SA
Malta Priscilla Mifsud Parker Chetcuti Cauchi Advocates
New Zealand
Quebec Marilyn Piccini Roy Robinson Sheppard Shapiro LLP
Scotland Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA
Switzerland Dominique Jakob University of Zurich Peter Picht Max Planck Institute for Innovation and Competition; University of Zurich
The use of trusts in Switzerland Daniel Bader Daniel Leu Baer & Karrer Ltd
United States Barbara R Hauser Independent Family Adviser
The use of trusts for estate planning in the US Stanley A Barg Kozusko Harris Duncan

Part Three: Special Topics
Asset protection trusts Gideon Rothschild Moses & Singer LLP
International trust litigation, jurisdiction and enforcement David Faust Faust Oppenheim LLP
The trustee as fiduciary: some practical considerations David Faust Faust Oppenheim LLP
Fiduciary responsibility Susan Schoenfeld Wealth Legacy Advisors LLC
Trusts, trustees and family businesses Christian Stewart Family Legacy Asia (HK) Limited
Settlor control and influencethrough the use of settlorreserved powers and private trust companies Paul Matthams Carey Olsen
The UK Tax Treatment of Offshore Trusts Maggie Gonzalez Buzzacott LLP
Trusts and money laundering Yehuda Shaffer Deputy State Attorney (Financial Enforcement) Israel
International Family Governance Integration with Family Trusts Barbara R Hauser Independent Family Adviser
Trust and Divorce Ziva Robertson McDermott Will & Emery UK LLP
The trust protector – a mini revolution in trust law Alexander A Bove Jr Bove & Langa Law Firm
The war on trusts Filippo Noseda Withers LLP
Beneficial ownership registers of companies and trusts Paolo Panico Paolo Panico’s Law Chambers – Private Trustees SA