Jersey
is a great safe jurisdiction.
In the past it has not
been a favorite for asset
protection because there
was no guidance at all
on how the courts would
respond to an attack
on protected assets.
Well, there is now solid case law on point: The Esteem Settlement Case.
The
bottom line distilled
from this complex case
is that The Royal Court
of Jersey has made
it clear that Asset
Protection Trusts are
welcome provided they
are formed when the
financial seas are
calm (i.e., do not
effect a fraud on creditors)
and have beneficiaries
other than just the
Settlor.
Remember,
I always urge my readers
to stay away from jurisdictions
that focus on asset
protection as a major
industry and will take
virtually any Tom,
Dick, or Harry with
enough money to pay
trustee fees.
Jersey
is about as conservative
as any place on earth
and certainly the antithesis
of the types of counties
I urge my readers to
avoid.
I
expect to do a lot
more business there.
...AND I welcome this
de facto endorsement
of asset protection
trusts and technology.
If
you would like more
information regarding
asset protection, trusts,
family limited partnerships
or the subject of this
article please call
or email our office.
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