Protectors of Trusts

ISBN : 9780199551583

Mark Hubbard
320 Pages
199 x 247 mm
Pub date
Aug 2013
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A protector is a person appointed under the trust instrument given powers in relation to the administration of the trust. The modern use of protectors came about because settlors of international trusts were concerned about the risks involved in transferring their assets to trustees in distant countries. Protectors are now a common and important feature of trust structures, as used in many international financial centres. Protectors of Trusts is the ideal first port of call for anyone who needs to know about trust protectors, whether from a contentious or a non-contentious perspective and aims to provide a comprehensive treatment of the subject. Written by a leading practitioner from New Square Chambers, this title draws together the law of protectors which, like the jurisdictions of the trusts they protect, is found in cases and statutes scattered around the world. Practical in approach, this book analyses the relevant case law and statutory provisions, and provides detailed guidance on the use of protectors as well as coverage of the disputes which arise from their misuse. This work comprehensively covers the subject, with chapters on appointment and removal of protectors; powers; duties; remuneration and indemnity; liabilities; litigation by and against protectors and on enforcers of non-charitable purpose trusts.


1. Introduction
2. What is a Protector?
3. Appointment and Removal
4. Powers
5. The Valid Exercise of Powers by Protectors
6. Powers Commonly Given to Protectors
7. Indemnity and Remuneration
8. Liability
9. Litigation by and against Protectors
10. Enforcers of Purpose Trusts
11. Whose Law is it Anyway?
Appendix 1: Drafting
Appendix 2: Statutory Excerpts
Appendix 3: Gazette of Purpose Trust Legislation

About the author: 

Mark Hubbard specialises in commercial and chancery litigation and advisory work, with an emphasis on offshore trust and company cases, company and insolvency, trusts and administration of estates, negligence of legal professionals and conflicts of laws. ; John Eidinow has a chancery litigation practice specialising in trusts both domestic and offshore, wills, probate and the administration of estates, and Inheritance Act claims, and also has much experience of litigation in related claims involving professional negligence, real property, and personal insolvency.

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