The transposition of the Fifth Money Laundering Directive (MLD5) into Irish law last month brought with it welcome clarification on the scope of the Irish framework...

Budget 2018 contains two new measures to deter the accumulation of passive assets within private corporations. These changes are a welcome departure from the Federal Government's July 18, 2017 ...

A landmark decision was handed down by the Court of Appeal (England and Wales) on 16 February 2017 in respect of beneficiaries using subject access requests under data protection law ...

The obligation on taxable trusts to register with HMRC's online TRS was imposed by the EU Fourth Anti-Money Laundering Directive.

As set out in Parts 1 and 2, a settlor who retains too much power and control in relation to a trust and its assets is at risk of creating an illusory trust, either because there is a failure of the irreducible core obligations necessary for a valid trust ...

Many prospective settlors, especially those from jurisdictions or family backgrounds in which trusts do not feature, the establishment of a lifetime trust can involve a rather significant leap in the dark.

This article will argue that trustees must look to the past and the future, the settlor and the beneficial class, if they are to discharge their fiduciary duty.

Courts in common law jurisdictions continue to grapple with how to deal with a spouse's interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division...

As set out in Part 1, the terms "sham trust" and "illusory trust" both describe different things. It could therefore be argued that both terms have a place in the nomenclature of the future.

Whilst both will give rise to a finding that a trust is invalid, sham trusts and illusory trusts are two very different beasts, as noted by the New Zealand Supreme Court:

The trust protector is a person who may play one or more of several roles. It may be policing the trusteeship or enforcing the trusts as if he were a sole beneficiary.

The British Virgin Islands has recently introduced a substantial number of reforms in relation to trusts and estates.

Amendments have been made to the beneficial ownership regulations relating to trusts, foundations and associations together...

The last surviving Settlor died in July 2015 and there was an unfortunate family dispute between R1 and the other beneficiaries.

In this article, Tony Pursall and Richard Grasby review the Cayman Islands' plan to introduce the foundation as a new type of non-profit company.

The MFSA issued a Circular highlighting the importance for regulated entities to conduct an appropriate assessment in all instances prior to proposing the appointment of individuals to be involved in or to hold key functions in a regulated structure...

Most people prefer not to think about what will happen to their property on death.

There were several important legislative changes which were published over the course of March 2025. Below is an overview of the key updates across different areas.