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  • Holden on Trust Protectors
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Holden on Trust Protectors


Explains the role and appointment of a trust protector

Since the publication of the first edition in 2011, Holden on Trust Protectors has established itself as the leading work devoted to the subject of protectors: relied upon by both legal practitioners and fiduciary service providers, and regularly cited by the courts.

The second edition of Trust Protectors both builds upon the analytical work of its predecessor, and is fully updated to take into account developments across the trust law world – including more than 25 cases of direct relevance to the office of protector in Jersey, Guernsey, the Isle of Man, the Cayman Islands, Bermuda, the BVI, Gibraltar, and other leading jurisdictions.

In addition, the second edition of Trust Protectors charts the adoption and analysis of the role of protector in the major common law jurisdictions, including important recent jurisprudence from England, Canada, Australia, New Zealand and the United States.

Using the same clear and probing style of the first edition – extracting from case-law answers to the difficult questions arising in relation to the role of protector, and providing guidance and insight where definitive answers are not to be found – Trust Protectors will remain an essential component of the libraries of practitioners and professional fiduciaries across the trust law world.

  • Introduction
  • Fiduciary position
  • Appointment of protectors
  • Powers
  • Limits of the protector’s powers
  • The protector’s duties
  • Rights of protectors
  • Judicial control of the protector’s powers
  • The protector’s personal liability
  • The trustees’ relationship with the protector
  • Death, resignation and removal of protectors
  • Appendices
Reviews of the previous edition

"the aim of the book is 'to provide an overview of the law relating to trust practitioners that will be of use in everyday practice', yet the book serves equally well as an introductiion for those without prior knowledge of trust protectors and as a useful tool for practitioners seeking clarification or guidance ...This book will greatly assist practitioners, particularly those who draft trust investments, as well as trustees, beneficiaries and indeed trust protectors themselves. All in all, this is a very useful and practical book."
Henry Frydenson, Chairman of ACTAPS and Principal of Frydenson & Co

 "Andrew Holden's new book, 'Trust Protectors', provides as complete and scholarly review of the posistion as could be hoped for ... One of the most laudable approches is its early dealing with 'the fiduciary issue' ... offers clear guidance to the conundrum confornted where a trust appoints a person to have powers which are clearly fiduciary, while at the same time providing in the trust that the appointed party shall not be a fiduciary ... a long-awaited, valuable, and badly needed work that belongs not as much on the law library as on every trust practitioner's desk."
Alexander A.Bove jr, Esq
   United States Attorney, Author and a Solicitor in England & Wales

"The book is ferociously and meticulously well-researched ... There is a comprehensive analysis and distillation of equitable principles of powers and duties in their application to protectors ... this is a welcome addition to the trust practitioner and draftsman's library"
STEP Journal

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