Trust Quarterly Review (TQR)

A quarterly technical digital supplement, the TQR provides in-depth technical analysis containing the latest papers from leading practitioners.
STEP TQR December 2017

On behalf of the Editors, welcome to the December 2017 edition of the Trust Quarterly Review. We examine two important judgments – the Royal Court of Jersey’s decision in Crociani v Crociani, and that of the Grand Court of the Cayman Islands in X v Y; consider the trans-jurisdictional recognition of common-law trusts under Russian law; and provide guidance for advisors of non-US clients migrating their structures to the US, rather than offshore jurisdictions. This year’s last issue concludes with a review of Jean-Marc Tirard’s ‘much needed’ The Global Guide to Trusts: A systematic analysis of the legal regime and tax treatment of trusts in 21 jurisdictions. We wish our readers a very happy festive period.

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December - 2017

On behalf of the Editors, welcome to the December 2017 edition of the Trust Quarterly Review. Read more

Although the common-law trust is not recognised in Russian law, the Russian legal system seems to be equipped for its trans-jurisdictional recognition, writes Dr Kamalia Mehtiyeva.Read more

The Royal Court of Jersey’s decision in Crociani v Crociani addressed whether or not two of the plaintiffs, having been born before their parents married, were ‘issue’ of their mother, Cristiana Crociani, and therefore beneficiaries of the trust in question. Anthony Robinson and Eason Rajah review the judgment.Read more

Wealthy non-US clients are migrating their structures to the US, which is a legitimate alternative to ‘offshore’ jurisdictions, write Megan Worrell and Angela Santos – but advisors should have adequate client due-diligence procedures and ask questions regarding client motivations and source of funds. Read more

In X v Y, the Grand Court of the Cayman Islands confirmed the ability of a trustee to obtain Beddoe relief even where a third-party claim against the trustee exceeds the value of the trust assets, and clarified the extent to which a third-party claimant can participate in such an application. Rachael Reynolds, Shaun Maloney and Deborah Barker-Roye examine the judgment. Read more

Caroline Bielanska considers, under the law of England and Wales, an advisor’s options in the event that an attorney acting under a lasting power of attorney (LPA) proposes to make a decision that goes against the known wishes of the donor. Read more

Rosemary Marr reviews The Global Guide to Trusts, a ' user-friendly reference for both civil-law and common-law practitioners unfamiliar with either trusts as an estate planning tool, or the taxation of trusts outside their territory.' Read more

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