International Trust Disputes

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International Trust Disputes

Author : Sara Collins
Publisher : OUP Oxford
ISBN 13 : 0191628921
Total Pages : 900 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Trust Disputes by : Sara Collins

Download or read book International Trust Disputes written by Sara Collins and published by OUP Oxford. This book was released on 2012-01-19 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

International Trust Disputes

Author : Steven Kempster
Publisher : Oxford University Press, USA
ISBN 13 : 9780198832737
Total Pages : 0 pages
Book Rating : 4.8/5 (327 download)

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Book Synopsis International Trust Disputes by : Steven Kempster

Download or read book International Trust Disputes written by Steven Kempster and published by Oxford University Press, USA. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories.Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (IntestacyRules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trustdisputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on shamtrusts.A new chapter is included on the law in the Bahamas reflecting the importance of the jurisdiction to current international trusts disputes.International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may beencountered in the jurisdictions where disputes are most likely to take place.

ADR and Trusts

Author : Grant Jones
Publisher : Spiramus Press Ltd
ISBN 13 : 1907444580
Total Pages : 413 pages
Book Rating : 4.9/5 (74 download)

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Book Synopsis ADR and Trusts by : Grant Jones

Download or read book ADR and Trusts written by Grant Jones and published by Spiramus Press Ltd. This book was released on 2015-01-05 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

Arbitration of Trust Disputes

Author : Stacie Strong
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198759829
Total Pages : 0 pages
Book Rating : 4.7/5 (598 download)

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Book Synopsis Arbitration of Trust Disputes by : Stacie Strong

Download or read book Arbitration of Trust Disputes written by Stacie Strong and published by Oxford International Arbitrati. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

Litigating Trust Disputes in Jersey

Author : James Sheedy
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256822
Total Pages : 744 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Litigating Trust Disputes in Jersey by : James Sheedy

Download or read book Litigating Trust Disputes in Jersey written by James Sheedy and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Arbitration of Trust Disputes

Author : Clover Alcolea, Lucas
Publisher : Edward Elgar Publishing
ISBN 13 : 1802201327
Total Pages : 320 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Arbitration of Trust Disputes by : Clover Alcolea, Lucas

Download or read book Arbitration of Trust Disputes written by Clover Alcolea, Lucas and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a dire need for a comprehensive pedagogical resource both on diverse approaches to teaching sports economics and the use of sports to teach broader principles of economic concepts. This book does exactly that. The contributions from leading scholars and teachers in both fields will help all instructors looking to raise their teaching game.

Effective Trust Disputes

Author : Todd Mayo
Publisher :
ISBN 13 : 9781787428812
Total Pages : 90 pages
Book Rating : 4.4/5 (288 download)

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Book Synopsis Effective Trust Disputes by : Todd Mayo

Download or read book Effective Trust Disputes written by Todd Mayo and published by . This book was released on 2022-08-31 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trust disputes can be tremendously costly, in terms of legal fees, hiring experts and lost opportunity costs, as well as the costs attendant with the often emotionally charged atmosphere that can pit family members against one another. Despite the high toll, trust litigation continues to increase around the world - both in the number of matters being initiated and the amounts in controversy - as trust instruments become increasingly important vehicles in the management and transfer of wealth of various sizes.Preventing a fire is substantially less costly than fighting one. Identifying and appreciating the potential causes of trust disputes puts settlors, trust officials and beneficiaries in the best position to prevent a dispute from developing or accelerating.This Special Report examines the causes of trust disputes and explores the steps that settlors, trustees, beneficiaries and others can take during each stage of a trust's lifecycle - design, execution, administration and termination - to reduce the risk of sparking a dispute. Supported by real world experience and input from leading international trust practitioners, including estate planners, general counsel and experienced trust litigators, this Special Report delves into key concepts such as:thoughtful design of a trust's governance;incorporating flexibility and adaptability into a trust structure;the need for constructive communication and engagement between fiduciaries and beneficiaries;practices and procedures trust officials should consider implementing in trust administration; andhow trustees and beneficiaries can avoid adding fuel to the fire once a dispute arises.The authors also examine the benefits of involving different perspectives, including those of experienced trust litigators, at various stages of the trust's lifecycle, and offer practitioner insight into the measures and approaches both fiduciaries and beneficiaries should consider taking when a dispute first presents itself.Filled with real-world practitioner guidance, perspective and insight on issues of critical importance to fiduciaries, trust officials and beneficiaries alike, this Special Report is essential reading.

International Trust Laws

Author : Paolo Panico
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 672 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Trust Laws by : Paolo Panico

Download or read book International Trust Laws written by Paolo Panico and published by Oxford University Press, USA. This book was released on 2010-02-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law. It analyzes topics including protectors, shams, beneficiaries' right to information and protection from heirs and creditors, examining their development under English law and across a wide range of jurisdictions.

International Trust and Divorce Litigation

Author : Mark Harper
Publisher :
ISBN 13 : 9781784734367
Total Pages : 3250 pages
Book Rating : 4.7/5 (343 download)

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Book Synopsis International Trust and Divorce Litigation by : Mark Harper

Download or read book International Trust and Divorce Litigation written by Mark Harper and published by . This book was released on 2019-10-21 with total page 3250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated edition is an invaluable source of detailed information in respect of international trusts, viewed in a divorce law context and including an offshore perspective. It provides a readable, yet authoritative, analysis of such topics as forum shopping, conflicts of law, enforcement and asset protection legislation.International Trust and Divorce Litigation is an indispensable practical guide for offshore lawyers, trust companies, private bankers and matrimonial lawyers who represent high net worth clients.

The World Trust Survey

Author : Charles Gothard
Publisher : Oxford University Press, USA
ISBN 13 : 019955157X
Total Pages : 609 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The World Trust Survey by : Charles Gothard

Download or read book The World Trust Survey written by Charles Gothard and published by Oxford University Press, USA. This book was released on 2010 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts. Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centers are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centers is opening up new routes for international investment and tax mitigation. This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction. Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard.

The International Trust

Author : David J. Hayton
Publisher : Jordan Publishing (GB)
ISBN 13 : 9781846612725
Total Pages : 0 pages
Book Rating : 4.6/5 (127 download)

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Book Synopsis The International Trust by : David J. Hayton

Download or read book The International Trust written by David J. Hayton and published by Jordan Publishing (GB). This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Trust presents an in-depth analysis of a range of highly topical issues of great significance in the area of international trust law. Under the editorship of a leading trust law specialist, a team of eminent contributors have applied their expertise to addressing a range of subjects at the cutting edge of thinking in this area. Part I of the book contains the indispensable conflict of laws chapters, each now extensively updated by its original author. Part II covers a wide variety of issues crucial to trust advisers, each updated to take in the latest developments in areas including trusts and finance law, money laundering and trusts, protectors and purpose trusts. Part III contains chapters on Italy and China - jurisdictions in which recent trust law developments have generated considerable international interest. Part IV contains Professor Donovan Waters' notable chapter on the future of the trust fully updated by the author.

Arbitration of Trust Disputes

Author : Lucas Clover Alcolea
Publisher : Edward Elgar Publishing
ISBN 13 : 9781802201314
Total Pages : 300 pages
Book Rating : 4.2/5 (13 download)

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Book Synopsis Arbitration of Trust Disputes by : Lucas Clover Alcolea

Download or read book Arbitration of Trust Disputes written by Lucas Clover Alcolea and published by Edward Elgar Publishing. This book was released on 2022-05-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation. Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.

Resulting Trusts

Author : Robert Chambers
Publisher : Oxford University Press
ISBN 13 : 9780198764441
Total Pages : 300 pages
Book Rating : 4.7/5 (644 download)

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Book Synopsis Resulting Trusts by : Robert Chambers

Download or read book Resulting Trusts written by Robert Chambers and published by Oxford University Press. This book was released on 1997 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.

Arbitration of International Intellectual Property Disputes

Author : Thomas D. Halket
Publisher : Juris Publishing, Inc.
ISBN 13 : 193383367X
Total Pages : 652 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration of International Intellectual Property Disputes by : Thomas D. Halket

Download or read book Arbitration of International Intellectual Property Disputes written by Thomas D. Halket and published by Juris Publishing, Inc.. This book was released on 2012-05-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Lewin on Trusts

Author : John Mowbray
Publisher :
ISBN 13 : 9781847034649
Total Pages : 2032 pages
Book Rating : 4.0/5 (346 download)

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Book Synopsis Lewin on Trusts by : John Mowbray

Download or read book Lewin on Trusts written by John Mowbray and published by . This book was released on 2012-12-12 with total page 2032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lewin provides the practitioner with the definitive text on the law and practice of trusts, and is frequently cited in court. It covers the definition, classification and creation of trusts, trustees, and beneficiaries. The work has been completely updated to take account of recent case law and legislation, and includes items such as: Twinsecrta v Yardley, which analyses Quistclose trusts and also defines what is meant by dishonesty in the context of liability for dishonest assistance in a breach of trust; T. Choithram International SA v. Pagarani, which discusses the requirements for the valid creation of a trust where the settlor fails to vest the trust assets in the intended trustees; and Tinsley v. Milligan on illegality. It also includes a discussion of the English rules of jurisdiction and service of proceedings outside England in trust disputes, and a treatment of the new CPR rule 48.4(2) and (3) which makes different provision for trustees' costs of litigation and of decisions on costs in trusts disputes.* Includes both in-depth analysis and the practical implications of trust law * Provides clear guidance on controversial and undecided questions * Covers all aspects of trusts law - from explanation, interpretation, and creation of trusts, to the role and duties of trustees, to beneficiaries and their interests and administration * Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect

Papers of the International Academy of Estate and Trust Law 2000

Author : International Academy of Estate and Trust Law
Publisher : Springer
ISBN 13 :
Total Pages : 326 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Papers of the International Academy of Estate and Trust Law 2000 by : International Academy of Estate and Trust Law

Download or read book Papers of the International Academy of Estate and Trust Law 2000 written by International Academy of Estate and Trust Law and published by Springer. This book was released on 2001-12-21 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of their meeting in Berlin in May 2000. In the present volume academicians dissect four topics: (1) Settlement of disputes in estate and trust matters through arbitration and alternative dispute resolution; (2) Major transnational legal issues (non-tax) in testamentary matters: the effect of the Hague convention on succession to the estates of deceased persons; (3) Responsibility of tax advisors: the borderline between optimal and abusive planning; and (4) Recent developments in offshore trusts from a common law and civil law viewpoint.