International Trust Law (LAWS90096)

This subject offers a survey of trusts law and practice, including cutting-edge trust models using a large variety of international trust regimes. 

In this subject, we will explore the different types and contexts of trust practice, including the use of trusts to plan succession to a settlor's assets, to minimise the tax burden borne by an individual, family or estate, to shield assets from a settlor's creditors, to securitise debt, to structure complex transactions, to invest pooled funds, to pass control of a family business between generations and more. 

We will discuss the recent radical changes in trust law, from the reception of the trust in civil law and mixed legal systems through the weakening of beneficiaries' rights to receive information about the trust and enforce the trust, the exclusion of trustees' traditional duties and liabilities, and the development of new trust actors such as protectors and non-beneficiary enforcers.

Indicative list of principal topics:

•    Challenges in receiving trusts into mixed and civil law legal systems, including in Asia
•    The offshore phenomenon
•    Trusts for non-residents and the conflict of laws
•    Exclusion of trustees’ duties and liabilities
•    The decline of beneficiaries’ rights and rise of non-beneficiary enforcers
•    Reservation of powers and control by trust settlors
•    Trust protectors
•    “Asset protection trusts”
•    Rescission of trustees’ mistakes
•    Statutory firewalls