Trust Protectors

The second edition of Holden on Trust Protectors will provide coverage of more than 25 new cases decided since 2011 directly touching on the powers, duties, rights and proper role of the protector.

Trust Protectors

more details to follow

Trust Protectors A Practice Manual with Forms

This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries.

Trust Protectors  A Practice Manual with Forms

The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.

Guernsey Trust Law

14 Trusts Law 2007, s 15(2)(b). 15 In the Matter of the K Trust (Royal Court, 14 July 2015) (Judgment 31/2015). 16 The Deputy Bailiff approved the discussion on this point in A Holden, Trust Protectors, 1st edn (Jordans, 2011) at para ...

Guernsey Trust Law

This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.

Trusts and Modern Wealth Management

Of course, third-party powers are bespoke, each the product of an individual trust instrument, but it is possible to discern broad groups of common ... 5 A notable exception is Holden, Trust Protectors (London: Jordans, 2011), ...

Trusts and Modern Wealth Management

New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.

Holden s Dollar Magazine

... they learned to seek in their low lay in his coffin , and the stately father , with mother a protector and shield ... the confidence which springs from exchanged all the honors clinging to her husband's mutual trust and affr - ction ...

Holden s Dollar Magazine


Daily Report Foreign Radio Broadcasts

Holden Roberto , who , during the past six years has caused major difficulties to the Angolan people's liberation struggle ... to be the central figure in maneuvers perpetrated by Portuguese colonialists and their Yankee protectors .

Daily Report  Foreign Radio Broadcasts


Her Mistletoe Protector Identity Crisis

“Jonah, you're the only cop I know on a personal level, and to be honest we don't know who to trust. ... Eric Holden has only been the interim mayor for a few weeks, since Mayor Flynn's unexpected death from a massive heart attack.

Her Mistletoe Protector   Identity Crisis

The holidays bring two exciting suspense stories by author Laura Scott Her Mistletoe Protector After her son is abducted, Rachel Simon turns to the one lawman who can help her find Joey before the kidnappers’ Christmas deadline. Racing against the clock, Detective Nick Butler will have to put all his investigative skills to the test if mother and son are to be reunited—and if he wants a chance of making them his family. Identity Crisis When his ex-fiancée goes missing, Gage Drummond asks her twin for help. Though an accident has left Mallory Roth with amnesia, she’ll do anything for her twin. But with one sister missing—and another missing her memories—it’s obvious their enemies are playing for keeps…and that with Mallory, Gage is fighting a losing battle for his heart.

An Introduction to Conveyancing and the New Statutes Concerning Real Property

Assignment by the tenant in tail of a protected settlement , with the consent of the protector , of an entailed money ... Law relative to the Escheat and Forfeiture of Real and Personal Property holden in Trust 508 Statutes- continued .

An Introduction to Conveyancing  and the New Statutes Concerning Real Property


Parliamentary Papers

Trust property to vest in new and old trustees . 18. ... Ordinary meetings . holden by trustees on general trusts of Ordi- 26. ... “ William Spain , Esquire , so long as he shall be a Commissioner of Land Claims ; “ The Chief Protector ...

Parliamentary Papers


Litigating Trust Disputes in Jersey

Where the trust instrument confers fiduciary powers or functions on a third party, such as a protector or an enforcer, ... 16 Re Holden (1887) 20 QBD 43; Smith v Dresser (1866) LR 1 Eq651. 17 Landau v Anburn Trustees Ltd [2007 JLR 250].

Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Trust and Western Russian Business Relationships

And so, 'the Russian manager sees himself as protector of the kollectiv. In the days of socialism, he might have goaded his kollectiv ruthlessly, but he still looked after it: there was an implicit contract' (Holden et al, 1998: 127).

Trust and Western Russian Business Relationships

Ayios looks at the Western experience of doing business in Russia, and how trust between business partners from East and West is created or destroyed within the business relationship. This book provides the reader with an in-depth look at the key factors that lead international partners to trust each other in a business relationship. Detailed data gathered from practitioners during 1996 and 1997, across a variety of industry sectors, provides a thorough account of the cultural difficulties that are encountered in the Russian context, and methods that can be employed to enhance trust and increase the chances of business success. A final chapter brings the reader up to date with the current business situation and compares the findings from the mid-1990s to the situation today. It aims to provide a good understanding of the literature on trust, to give anyone with an interest in the development of inter-personal trust a firm grounding. This is one of the first attempts to gather data at a cross-cultural level on determinants of trust and will be of interest to people working in cross-cultural business studies, east-west studies, international management, international trust, international business ethics and trust.

A Pinnacle of Feeling

order and uncertainty of Holden's rambling thoughts becomes in the reader's responsiveness to them itself a shape to ... he imagines himself the distant protector of a crowd of playing children, we are asked to recognize the desperate ...

A Pinnacle of Feeling

There is no more powerful symbol in American political life than the presidency, and the image of presidential power has had no less profound an impact on American fiction. A Pinnacle of Feeling is the first book to examine twentieth-century literature's deep fascination with the modern presidency and with the ideas about the relationship between state power and democracy that underwrote the rise of presidential authority. Sean McCann challenges prevailing critical interpretations through revelatory new readings of major writers, including Richard Wright, Gertrude Stein, Henry Roth, Zora Neale Hurston, Saul Bellow, Ralph Ellison, Norman Mailer, Don Delillo, and Philip Roth. He argues that these writers not only represented or satirized presidents, but echoed political thinkers who cast the chief executive as the agent of the sovereign will of the American people. They viewed the president as ideally a national redeemer, and they took that ideal as a model and rival for their own work. A Pinnacle of Feeling illuminates the fundamental concern with democratic sovereignty that informs the most innovative literary works of the twentieth century, and shows how these works helped redefine and elevate the role of executive power in American culture.

Commonwealth Caribbean Law of Trusts

On its own, this provision would not pose a problem (like the trustee, the protector in this case was also not a ... The UK case Wood v Holden [2006] EWCA Civ 26 [Wood], discussed in the Garron judgment, is indicative of this feature.

Commonwealth Caribbean Law of Trusts

The law of trusts is a subject of considerable importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, resulting and constructive trusts, and charitable trusts, are now fully incorporated into the mainstream substantive law of the region, while the principles associated with offshore trust regimes are constantly expanding and developing. This book has been updated to reflect new case law and legislation, and to highlight recent trends relating to both traditional and offshore trusts.

Accounts and Papers of the House of Commons

MAURITIUS . not , I trust , very distant , when the business of the office shall be conducted with that punctuality and ... But for the present I must expect from the protector every exertion compatible with a due regard to his health .

Accounts and Papers of the House of Commons


Report

( 2 ) Every entailed interest may be created by words denoting that the property the subject of the trust is to be ... relation to money settled upon trust and to invest the same in the purchase of real estate to be holden in trust for ...

Report


Fourth Report of the Acquisition and Valuation of Land Committee

( 2 ) Every entailed interest may be created by words denoting that the property the subject of the trust is to be ... purchase of real estate to be holden in trust for such beneficiary in tail or in tail male or in special tail as the ...

Fourth Report of the Acquisition and Valuation of Land Committee


Chronological history of the New Testament

3 , ) because he could not possibly be holden thereby , on account of his firm trust and confidence in God , his protector , that “ He would not leave his soul in Hades , nor suffer his HOLY ONE to see [ fleshly ] corruption ; but would ...

Chronological history of the New Testament


A New Analysis of Chronology and Geography History and Prophecy

3 , ) because he could not possibly be holden thereby , on account of his firm trust and confidence in God , his protector , that “ He would not leave his soul in Hades , nor suffer his HOLY ONE to see [ fleshly ] corruption ...

A New Analysis of Chronology and Geography  History and Prophecy


A New Analysis of Chronology

3 , ) because he could not possibly be holden thereby , on account of his firm trust and confidence in God , his protector , that “ He would not leave his soul in Hades , nor suffer his Holy ONE to see ( fleshly ] corruption ; but would ...

A New Analysis of Chronology


Precedents in Conveyancing

Protector iv . 304. 312 8. 46 . Enrolment iv . 312 s . 51 , 52 . Copyholds iv . 311 ( Escheat or ? Forfeiture iii . 208 , of real or 210 , 211 . 4 & 5. c . 23. ( personal 212. 264 .; Property iv . 324 . holden in 325 . ( Trust iv .

Precedents in Conveyancing