header-logo header-logo

Unlocking the treasure chest

16 August 2007 / Peter Mcmaster
Issue: 7286 / Categories: Features , Banking
printer mail-detail

Offshore trusts are opaque and unfamiliar to many practitioners but they need not be impenetrable, says Peter McMaster

Offshore trusts feature extensively in the financial arrangements of the very wealthy. Created for a variety of reasons, they may offer advantages in fiscal terms, confidentiality, superior arrangements for transmitting wealth between generations—and perhaps even solutions to insolvency concerns.

These trusts are created by settlors transferring assets at their disposal to trustees in overseas jurisdictions. The trust is commonly governed by the law of the offshore territory and subject to the exclusive jurisdiction of its courts. Frequently, the terms of the settlement provide no clear indication of who will ultimately benefit from the settlement. These trusts are commonly encountered in big money divorce cases, where their unfamiliar features can present special problems for those advising the parties.

The recent record-breaking divorce case Charman v Charman [2007] EWCA Civ 503, [2007] All ER (D) 425 (May) involved an offshore trust, Dragon Holdings Trust, with assets of £68m. Dragon had a Bermudan corporate trustee and was subject

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll