Civil Procedure International Trade Wills, Trusts, & Estate Planning

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Hastings-Bass and Mistake: Should the BVI follow Jersey’s example?

On 25 October 2013 the States of Jersey introduced never before seen statutory provisions which seek to clarify, as a matter of Jersey law, the existence and nature of the Hastings-Bass principle and the doctrine which allows...more

Which Courts Have Jurisdiction to Deal with Claims Against Offshore Trustees?

There have been a number of cases decided recently by offshore Courts (particularly in Jersey and Bermuda), in which the Courts have had to consider the scope of their jurisdiction to determine disputes relating to trusts...more

International Practice Alert: September 2013 - When Can A Foreign Consulate Appear For A Foreign Citizen?

Estate litigation and probate proceedings are sometimes complicated when a beneficiary, close family member or other interested party is a citizen of a foreign nation. In an attempt to ease this burden, international...more

Rogers Towers: Using Contempt Power to Force Repatriation of Offshore Trust Assets

Offshore asset protection trusts (OAPT) typically have the following characteristics: (1) the trust is governed by the laws of a foreign jurisdiction that does not recognize the judgments or orders of courts of the United...more

Supreme Court of Canada Decides on Trust Tax Residency

The Supreme Court of Canada dismissed the taxpayers’ appeal in Fundy Settlement (also known as Garron or St. Michael Trust Corp.), deciding on April 12, 2012 that the relevant trusts were resident in Canada rather than...more

Grants Ad Colligenda Bona – Securing estate assets at risk

When the assets of an estate are endangered by delay in its administration, the court has a general power to make a limited grant of administration in order to preserve assets of the deceased within the jurisdiction without...more

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