Asset Protection Trust
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Asset Protection Trust
An asset-protection trust is any form of trust which provides for funds to be held on a discretionary basis. Such trusts are set up in an attempt to avoid or mitigate the effects of taxation, divorce and bankruptcy on the beneficiary. Such trusts are therefore frequently proscribed or limited in their effects by governments and the courts. The asset-protection trust is a trust that splits the beneficial enjoyment of trust assets from their legal ownership. The beneficiaries of a trust are the beneficial owners of equitable interests in the trust assets, but they do not hold legal title to the assets. Thus this kind of trust fulfills the goal of asset protection planning, i.e. to insulate assets from claims of creditors without concealment or tax evasion. A creditor's ability to satisfy a judgment against a beneficiary's interest in a trust is limited to the beneficiary's interest in such trust. Consequently, the common goal of asset protection trusts is to limit the interests of b ...
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Discretionary Trust
A discretionary trust, in the trust law of England, Australia, Canada and other common law jurisdictions, is a trust where the beneficiaries and/or their entitlements to the trust fund are not fixed, but are determined by the criteria set out in the trust instrument by the settlor. It is sometimes referred to as a family trust in Australia or New Zealand. Where the discretionary trust is a testamentary trust, it is common for the settlor (or testator) to leave a letter of wishes for the trustees to guide them as to the settlor's wishes in the exercise of their discretion. Letters of wishes are not legally binding documents. Discretionary trusts can only arise as express trusts. It is not possible for a constructive trust or a resulting trust to arise as a discretionary trust. Forms Discretionary trusts can be discretionary in two respects. First, the trustees usually have the power to determine which beneficiaries (from within the class) will receive payments from the trust. Sec ...
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Cayman Islands
The Cayman Islands () is a self-governing British Overseas Territory—the largest by population in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located to the south of Cuba and northeast of Honduras, between Jamaica and Mexico's Yucatán Peninsula. The capital city is George Town on Grand Cayman, which is the most populous of the three islands. The Cayman Islands is considered to be part of the geographic Western Caribbean Zone as well as the Greater Antilles. The territory is a major world offshore financial centre for international businesses and wealthy individuals, largely as a result of the state not charging taxes on any income earned or stored. With a GDP per capita of $91,392, the Cayman Islands has the highest standard of living in the Caribbean. Immigrants from over 130 countries and territories reside in the Cayman Islands. History No archaeological evidence for an indigenous ...
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Asset Protection
Asset protection (sometimes also referred to as ''debtor-creditor law'') is a set of legal techniques and a body of statutory and common law dealing with protecting assets of individuals and business entities from civil money judgments. The goal of asset protection planning is to insulate assets from claims of creditors without perjury or tax evasion. Asset protection consists of methods available to protect assets from liabilities arising elsewhere. It should not be confused with ''limiting liability'', which concerns the ability to stop or constrain liability to the asset or activity from which it arises. Assets that are shielded from creditors by law are few: common examples include some home equity, certain retirement plans and interests in LLCs and limited partnerships (and even these are not always unreachable). Assets that are almost always unreachable are those to which one does not hold legal title. In many cases it is possible to vest legal title to personal assets in a tr ...
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Offshore Trust
An offshore trust is a conventional trust that is formed under the laws of an offshore jurisdiction. Generally offshore trusts are similar in nature and effect to their onshore counterparts; they involve a settlor transferring (or 'settling') assets (the 'trust property') on the trustees to manage for the benefit of a person, class or persons (the 'beneficiaries') or, occasionally, an abstract purpose. However, a number of offshore jurisdictions have modified their laws to make their jurisdictions more attractive to settlors forming offshore structures as trusts. Liechtenstein, a civil jurisdiction which is sometimes considered to be offshore, has artificially imported the trust concept from common law jurisdictions by statute. Uses of offshore trusts Official statistics on trusts are difficult to come by as in most offshore jurisdictions (and in most onshore jurisdictions), trusts are not required to be registered, however, it is thought that the most common use of offshore trus ...
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Reciprocal Trust
Reciprocal may refer to: In mathematics * Multiplicative inverse, in mathematics, the number 1/''x'', which multiplied by ''x'' gives the product 1, also known as a ''reciprocal'' * Reciprocal polynomial, a polynomial obtained from another polynomial by reversing its coefficients * Reciprocal rule, a technique in calculus for calculating derivatives of reciprocal functions * Reciprocal spiral, a plane curve * Reciprocal averaging, a statistical technique for aggregating categorical data In science and technology * Reciprocal aircraft heading, 180 degrees (the opposite direction) from a stated heading * Reciprocal lattice, a basis for the dual space of covectors, in crystallography * Reciprocal length, a measurement used in science * Reciprocating engine or piston engine * Reciprocating oscillation in physical wave theory Life sciences and medicine * Hybrid (biology), in genetics, the result of a reciprocal pair of crossings, forming ''reciprocal hybrids'' * Reciprocal altr ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Protective Trust
The Protective Trust is a form of settlement found in England and Wales and several Commonwealth countries. It has marked similarities to asset-protection trusts found in several offshore jurisdictions and US Spendthrift trusts. In such a trust assets are ordinarily held to pay an income to the beneficiary. The beneficiary may also have access to capital of the trust with the trustee's permission. The right to receive income from a trust would ordinarily be an asset in the hands of the beneficiary and could be sold, thwarting the intention of the donor to spread the gift over the recipient's lifetime. Additionally on a bankruptcy the right to the income would be sold by the beneficiary's trustee in bankruptcy. To give protection to beneficiaries, a protective trust automatically converts into a discretionary trust, under which the beneficiary has no right to the income, if anything is done which breaches a condition specified in the document creating the trust. The establish ...
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Spendthrift Trust
A spendthrift trust is a trust that is created for the benefit of a person (often unable to control his/her spending) that gives an independent trustee full authority to make decisions as to how the trust funds may be spent for the benefit of the beneficiary. Creditors of the beneficiary generally cannot reach the funds in the trust, and the funds are not actually under the control of the beneficiary. The creator of a trust is often called the "trustor", "grantor", or "settlor" of the trust. A trust generally will not be treated as a spendthrift trust unless the trust agreement contains language showing that the creator intended the trust to qualify as spendthrift. This is what is known as a spendthrift clause or spendthrift provision. A spendthrift provision creates an irrevocable trust preventing creditors from attaching the interest of the beneficiary in the trust before that interest (cash or property) is actually distributed to him or her. Most well-drafted irrevocable tru ...
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Bailiwick Of Guernsey
The Bailiwick of Guernsey (french: Bailliage de Guernesey; Guernésiais: ''Bailliage dé Guernési'') is an island country off the coast of France as one of the three Crown Dependencies. Separated from the Duchy of Normandy by and under the terms of the Treaty of Le Goulet, Treaty (or Peace) of Le Goulet in 1204, the Bailiwick comprises a number of islands in the English Channel which fall into three separate sub-jurisdictions: Guernsey, Alderney and Sark. Herm is administered as a part of Guernsey. A bailiwick is a territory administered by a bailiff. The Bailiff (Channel Islands), bailiff of Guernsey is the civil head and presiding officer of the States of Guernsey, but not of Alderney or Sark. He is the head of the judiciary of the Bailiwick. History The history of the Bailiwick of Guernsey goes back to 933, when the islands came under the control of William Longsword, having been annexed from the Duchy of Brittany by the Duchy of Normandy. The island of Guernsey and t ...
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Bailiwick Of Jersey
A bailiwick () is usually the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ. The bailiwick is probably modelled on the administrative organization which was attempted for a very small time in Sicily and has its roots in the official state of the Hohenstaufen. In English, the original French ''bailie'' combined with '-wic', the Anglo-Saxon suffix (meaning a village) to produce a term meaning literally 'bailiff's village'—the original geographic scope of a bailiwick. In the 19th century, it was absorbed into American English as a metaphor for a sphere of knowledge or activity. The term survives in administrative usage in the British Crown Dependencies of the Channel Islands, which are grouped for administrative purposes into two bailiwicks — the Bailiwick of Jersey (comprising the island of Jersey and uninhabited islets such as the Minquiers an ...
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Bermuda
) , anthem = "God Save the King" , song_type = National song , song = " Hail to Bermuda" , image_map = , map_caption = , image_map2 = , mapsize2 = , map_caption2 = , subdivision_type = Sovereign state , subdivision_name = , established_title2 = English settlement , established_date2 = 1609 (officially becoming part of the Colony of Virginia in 1612) , official_languages = English , demonym = Bermudian , capital = Hamilton , coordinates = , largest_city = Hamilton , ethnic_groups = , ethnic_groups_year = 2016 , government_type = Parliamentary dependency under a constitutional monarchy , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Rena Lalgie , leader_title3 = Premier , leader_name3 = Edward David Burt , legislature = Parliament , upper_house = Senate , lower_house = House of Assembly , area_km2 = 53.2 , area_sq_mi = 20.54 , area_rank = , percent_water = 27 , elevation_max_m = 79 , ...
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Taxation
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal person, legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or national), and tax compliance refers to policy actions and individual behaviour aimed at ensuring that taxpayers are paying the right amount of tax at the right time and securing the correct tax allowances and tax reliefs. The first known taxation took place in Ancient Egypt around 3000–2800 BC. A failure to pay in a timely manner (Tax noncompliance, non-compliance), along with evasion of or resistance to taxation, is punishable by law. Taxes consist of direct tax, direct or indirect taxes and may be paid in money or as its labor equivalent. Most countries have a tax system in place, in order to pay for public, common societal, or agreed national needs and for the functions of government. Some levy a flat tax, flat percentag ...
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