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  • International Trust, The

International Trust, The


Presents an in-depth analysis of a range of highly topical issues of great significance in the area of international trust law

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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.

 To view an extract of The International Trust click here
To view the full contents of The International Trust click here

 Part I
 Trusts and the Conflict of Laws

  • Jurisdiction and the Enforcement of Foreign Judgments in Transnational Trusts Litigation
    Jonathan Harris
  • Launching the Rocket–Capacity and the Creation of Inter Vivos Transnational Trusts
    Jonathan Harris
  • International Recognition of Trusts
    David Hayton
 Part II
 Specific Issues

  • Protectors
    Emily Campbell, Robert Ham QC, Jonathan Hilliard and Michael Tennet QC
  • Purpose Trusts
    Adam Doyle and Matthew Carn
  • Asset Protection Trusts
    Alastair Hudson
  • Trading Trusts, Trustees’ Liabilities and Creditors
    David Hayton
  • Payment by Trustees of Foreign Taxes
    Christopher Sly and Marcus Parker
  • Disclosure of Information by Trustees
    Emily Campbell and Jonathan Hilliard
  • Shams, Revocable Trusts and Retention of Control
    Geraint Thomas and David Hayton
  • Trusts, Trustees and the UK Anti Financial Crime Regime
    Edward Reed and Rachel Steeden
  • Trusts and Finance Law
    Alastair Hudson
  • Vista Trusts
    Christopher McKenzie
  • Forced Heirship and the Trust
    David Hayton
 Part III
 Two Particular Jurisdictions

  • Italy: the Trust Interno
    Alexandra Braun
  • The People’s Republic of China
    Lusina Ho
 Part IV
  • The Future of the Trust from a Worldwide Perspective
    Donovan Waters QC
  • Appendix
    The Hague Convention on the Law Applicable to Trusts and on their
    Recognition 1985

"a treasure chest of information - an extremely interesting compilation ... contains much informative and helpful case law ... extremely useful"
 New Law Journal
"An authoritative practioners' guide to the workings of international trusts....the book works efficiently as a research tool....will certainly enhance one's understanding of trusts in general and international trusts in particular..... if you practice in the area of internatioanl trest law, this new third edition of 'The International Trust' is a must have purchase."
 Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
In this new edition the aim is as before, namely to provide, in convenient single volume form, practical guidance to international trust practitioners and litigators on a wide range of specialist topics.

 Once again the material in the book is largely derived from contributions to the loose-leaf encyclopaedia International Trust Laws.

 Except where otherwise stated chapters appearing in the last edition have been revised by their original authors, on varying dates, for the current edition. Sadly, John Glasson and Geraint Thomas have retired from editing the book so that I have taken over from them. The views of authors of chapters are of course their views alone, while in Chapter 10 that I revised my views are provisional views reached via the process of authorship without the benefit of the testing forensic argument that there is in the courts.

 Although this book was produced mainly with practitioners in mind, it is hoped that university law departments will also find the book of value. As appears from the ‘Introductory Notes: The Phenonmenon of the International Trust’, the strengths and weaknesses of domestic English law become apparent when seeing how offshore jurisdictions have enacted legislation to develop their laws, while English conflict of laws may recognise trusts that are very different from domestic English trusts. Query the extent to which it is possible to create a foreign trust and subsequently graft on to it English elements (pursuant to express powers in that behalf) so as to achieve indirectly what could not be achieved directly.

 Our warmest thanks go to our contributors, and to all at Jordans.

 Hon Mr Justice David Hayton, LLD (Cantab) LLD (Newcastle Univ)
 Caribbean Court of Justice, Trinidad
 1 October 2011

General Editor
 Hon Mr Justice David Hayton LLD (Cantab & Newcastle) TEP (Hon),
 Caribbean Court of Justice, Trinidad

 Dr Alexandra Braun Lady Margaret Hall, Oxford
 Emily Campbell Wilberforce Chambers, London
 Adam Doyle Lecturer in Law, BPP Law School, London
 Robert Ham QC Wilberforce Chambers, London
 Jonathan Harris Serle Court Chambers, London
 David Hayton Justice of the Caribbean Court of Justice
 Jonathan Hilliard Wilberforce Chambers, London
 Lusina Ho Faculty of Law, University of Hong Kong
 Alastair Hudson Queen Mary, University of London
 Christopher McKenzie Partner, Walkers, Tortola, British Virgin Islands
 Marcus Parker Partner, New Quadrant Partners LLP
 Christopher Sly Partner, Payne Hicks Beach, London
 Edward Reed Macfarlanes, London
 Rachel Steeden Macfarlanes, London
 Michael Tennet Wilberforce Chambers, London
 Donovan Waters QC Counsel, Horne Coupar, Barristers and Solicitors, Victoria, British Columbia, Canada

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