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.

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General Editor

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

Contributors

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
Robert Ham QC, Emily Campbell, Michael Tennet, Jonathan Hilliard, Wilberforce Chambers, London
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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Part I
Trusts and the Conflict of Laws

• Chapter 1
  Jurisdiction and the Enforcement of Foreign Judgments in Transnational Trusts Litigation
  Jonathan Harris
• Chapter 2
  Launching the Rocket–Capacity and the Creation of Inter Vivos Transnational Trusts
  Jonathan Harris
• Chapter 3
  International Recognition of Trusts
  David Hayton

Part II
Specific Issues

• Chapter 4
  Protectors
  Emily Campbell, Robert Ham QC, Jonathan Hilliard and Michael Tennet QC
• Chapter 5
  Purpose Trusts
  Adam Doyle and Matthew Carn
• Chapter 6
  Asset Protection Trusts
  Alastair Hudson
• Chapter 7
  Trading Trusts, Trustees’ Liabilities and Creditors
  David Hayton
• Chapter 8
  Payment by Trustees of Foreign Taxes
  Christopher Sly and Marcus Parker
• Chapter 9
  Disclosure of Information by Trustees
  Emily Campbell and Jonathan Hilliard
• Chapter 10
  Shams, Revocable Trusts and Retention of Control
  Geraint Thomas and David Hayton
• Chapter 11
  Trusts, Trustees and the UK Anti Financial Crime Regime
  Edward Reed and Rachel Steeden
• Chapter 12
  Trusts and Finance Law
  Alastair Hudson
• Chapter 13
  Vista Trusts
  Christopher McKenzie
• Chapter 14
  Forced Heirship and the Trust
  David Hayton

Part III
Two Particular Jurisdictions

• Chapter 15
  Italy: the Trust Interno
  Alexandra Braun
• Chapter 16
  The People’s Republic of China
  Lusina Ho

Part IV

• Chapter 17
  The Future of the Trust from a Worldwide Perspective
  Donovan Waters QC

Appendix

• Appendix
  The Hague Convention on the Law Applicable to Trusts and on their
  Recognition 1985

 
Index

"a treasure chest of information - an extremely interesting compilation ... contains much informative and helpful case law ... extremely useful"
New Law Journal

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