This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.
Laws of Guernsey is the first textbook, certainly in modern times, to explain and introduce both Guernsey law and court procedure. Written for anyone concerned with legal issues or business in Guernsey, the book introduces the following principal areas: an introduction to Guernsey law itself, Guernsey constitutional law, planning law, housing law, family law, law of succession, trust law, income tax law, company and commercial law, employment law, health and safety at work, civil procedure, criminal law and procedure, evidence and land law. The book includes various legislative materials and many cross-references to English and French law. It is an invaluable guide for anyone concerned with legal proceedings in Guernsey and is of particular use to lawyers in other jurisdictions with dealings in Guernsey, together with other professionals such as bankers, insurers and trustees. The foreword is written by the Bailiff of Guernsey.
The expression "international trust" has no settled definition, although it is in common use. Generally, the term is applied to a trust that has legal significance with two or more countries. Until the 1960s international trusts were rarely encountered; they are now commonplace. This is partly due to the increased mobility of people and property, but mostly because of the growth of the offshore trust industry. Distilling the knowledge and breadth of experience from a distinguished collection of individual contributors, The International Trust deals with a variety of highly topical and significant issues. These range from international recognition of trusts to protectors and forced heirship, as well as an examination of the particular difficulties that arise in the context of civil law jurisdictions. This book is adapted from, and revises material on, many of the topics covered by the loose-leaf encyclopedia International Trust Laws. For example, chapters dealing with topics of day-by-day practical importance to the practitioner in the international trust field and chapters dealing with trusts from the perspective of Italy and Switzerland are updated and reproduced here in convenient cloth format. In addition the book includes an editor's introduction, providing an overview of the field, and a previously unpublished chapter by Professor Donovan Waters on the future of the trust from a global perspective, reflecting the most cutting-edge thinking.
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.
This challenging, varied collection of articles is a reflection of the wide range of interests held by estate and trust lawyers today. The issues discussed here include: law in the context of an estate or trust control over the body itself, including the 'futuristic' issue of the status of frozen embryos in relation to an estate broad 'trusts' issues, including the place and nature of the trust in both civil and common law jurisdictions the resolution of family property concerns in relation to matrimonial law, forced heirship laws, or family provision on death. Other articles consider practical questions such as transnational tax planning, planning for the transition of a family business on death, retirement planning and the management of collective investments. The work takes a comparative approach, examining each issue from the perspective of a number of different jurisdictions. This collection arises from the annual meetings and discussion of members from the International Academy of Estate and Trust Law. It will be of great interest to researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.
The individual who travels or works abroad or conducts business in a foreign state, faces a broad range of problems made even more complex in a transnational business environment. This book, drawing on practitioners from throughout Europe and the United States, will assist lawyers in preparing them to confront those challenges by exploring the legal aspects of personal rights and duties of transnational persons and the effect of the emerging Single Market and the opening of Eastern Europe.