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Protectors of Trusts

  • Authors: Mark Hubbard

A protector is a person appointed under the trust instrument given powers in relation to the administration of the trust. The modern use of protectors came about because settlors of international trusts were concerned about the risks involved in transferring their assets to trustees in distant countries. Protectors are now a common and important feature of trust structures, as used in many international financial centres.

Protectors of Trusts is the ideal first port of call for anyone who needs to know about trust protectors, whether from a contentious or a non-contentious perspective and aims to provide a comprehensive treatment of the subject. Written by a leading practitioner from New Square Chambers, this title draws together the law of protectors which, like the jurisdictions of the trusts they protect, is found in cases and statutes scattered around the world.

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Practical in approach, this book analyses the relevant case law and statutory provisions, and provides detailed guidance on the use of protectors as well as coverage of the disputes which arise from their misuse. This work comprehensively covers the subject, with chapters on appointment and removal of protectors; powers; duties; remuneration and indemnity; liabilities; litigation by and against protectors and on enforcers of non-charitable purpose trusts.

Key Features:

  • Expertly draws together and analyses the legal framework for the use of protectors and enforcers
  • Offers practical guidance for both contentious and non-contentious practitioners on the use and misuse of protectors and the disputes arising as a result
  • Contains in-depth coverage of the use of protectors in international trusts
  • Includes drafting guidance and practical features such as checklists, precedents, and case summaries
  • Statutory excerpts from 24 jurisdictions
  • Includes drafting guidance and model clauses

 

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