What Domicile? - A Crucial Question for APTs

Article by Charles A Cain, M.A., A.C.I.B.

The approach of offshore jurisdictions to fraudulent transfers is examined. The author concludes that trustees can be under considerable risk if asset protection trust are sited where the law has been modified to change the nature of a trust so much that it may not be recognised as such elsewhere.

The author also points out that a professional trustee can find himself facing action for negligence if there is a foreseeable flaw in the law of that jurisdiction.

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