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Defending Offshore Trusts From Foreign AttackDefending Offshore Trusts From Foreign Attack
Trustees sometimes find themselves staring down the barrel of the litigation gun, whether as the target, or, more typically, as a neutral party standing among warring factions fighting over trust assets. Due to the increasingly international nature of trusts with beneficiaries, trustees and trust assets often located in several different jurisdictions around the globe the war may be waged abroad.
November 1, 2011
Rachael Reynolds
Trustees sometimes find themselves staring down the barrel of the litigation gun, whether as the target, or, more typically, as a neutral party standing among warring factions fighting over trust assets. Due to the increasingly international nature of trusts — with beneficiaries, trustees and trust assets often located in several different jurisdictions around the globe — the war may be waged abroad. So how should trustees respond to being caught up in foreign trust disputes, and how far reaching is the long arm of foreign law?
Foreign litigation can be a minefield for trustees. The law of enforcement and recognition of foreign judgments, in particular, is developing both onshore and offshore, but not necessarily in the sa...
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