News & Analysis as of

Trusts Enforcement

Walkers

Rule and Statement of Guidance on Market Conduct for Trust and Corporate Service Providers and Company Managers

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The RSOG builds upon and clarifies existing market conduct standards for TCSPs and Company Managers where the underlying requirements are generally the same but with some differences. The RSOG implements market conduct...more

American Conference Institute (ACI)

Making Victims Whole in a Multi-Jurisdictional Civil Fraud Case

Multi-jurisdictional civil fraud matters often present multiple challenges that make the tracing and recovery of assets a complex, costly, and time-consuming investigative process. Making a fraud victim whole again requires...more

Walkers

Enforcers are blessed: Grand Court confirms that Enforcers have standing to apply for the blessing of a momentous decision

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In the recent judgment of AA v JTC (Cayman) Limited (unreported, Cause No, FSD 12 of 2024 (IKJ)), the Honourable Justice Kawaley held that that an enforcer of a Cayman Islands STAR trust has the ability under Section 48 of...more

Walkers

Cayman Islands STAR Trusts: Reinforcing the Role of Enforcers

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On 1 February 2024, Kawaley J handed down a judgment in the case of In re G Trust (Cause No. FSD 270 of 2023) in which he commented on some of the key features of Cayman Islands STAR trusts contained in Part VIII of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Eligibility Determination/Storage Tank Enforcement: Proposed Tennessee Department of Environment and Conservation Order...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a November 7th proposed Order and Assessment (“Order”) to Boghani Properties, LLC (“Boghani”) for alleged violations of the Tennessee Underground...more

Walkers

Chambers Global Aviation Finance & Leasing Guide 2022: Cayman Islands

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In the 2022 Chambers and Partners Global Aviation Finance & Leasing Guide for the Cayman Islands, our aviation experts provide a comprehensive overview of the latest legal information regarding aircraft and engine purchase...more

Conyers

A Practical Guide to Cayman Islands Star Trusts

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STAR Trusts are a form of trust that is exclusive to the Cayman Islands (Cayman), and which have a wide variety of practical applications. The unique features of a STAR Trust provide clients with structuring options that are...more

Downey Brand LLP

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

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No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...more

Charles E. Rounds, Jr. - Suffolk University...

Does the settlor of a trust have standing to seek its enforcement in the courts?

As a general rule, any beneficiary of a trust would have standing to seek its enforcement in the courts. The Restatement (Third) of Trusts is sending mixed signals as to whether the settlor of a trust, qua settlor, would have...more

McNees Wallace & Nurick LLC

When are “No-Contest” Clauses Enforceable?

We are often asked about in terrorem clauses or “no-contest” clauses in wills or trusts. Can they be enforced? Under what conditions? Can a contesting party really lose everything? Does a contesting party put anyone else’s...more

Winstead PC

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

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Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more

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