Advanced Trust Law and Administration
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Advanced Trust Law and Administration

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Duration: 1 day
Level: See Below
Suitable for:

All client-facing staff, managers and directors who are involved in trust and company administration and who are interested in expanding their knowledge in this complex and constantly changing area.

CPD Hours: 6
Cost: £295.00
Dates: Mon 28 May 2012 Book Now »

Fri 16 Nov 2012 Book Now »

Overview

This course aims to build on fundamental trust principles and law to equip the trust officer/trust manager with a greater understanding of this complex and rapidly developing area of law.

Course content

Changes in Jersey trust law

  • Reservation of power clauses and impact on management and control issues
  • Changes to the law on mistake

Trustees duties and liabilities

  • Raising the standard
  • Consequence of finding a breach
  • Recent developments - Article 9 and case law

Information to beneficiary

  • Beneficial principle explained
  • Impact of Schmidt versus Rosewood

Constructive trusts

  • When a constructive trust is imposed
  • Knowing receipt
  • Knowing assistance
  • Remedies available

Sham

  • What constitutes a Sham?
  • Protective measures to avoid Sham
  • Consequence of Sham
  • Effect of Esteem Judgment

Effective administration for professional trustees

  • How to manage relationships with clients
  • Creating effective audit trials

Learning outcomes

Having attended this course, delegates will:

  • Have an increased awareness of the risks of poor administration to both settlor, beneficiary and trustee, and strategies to help manage these risks, in particular to recognise the risk of a constructive trust being imposed and the consequences to the trust company
  • Appreciate the development of the offshore trust away from the traditional English law model

 

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