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Topic: Trust (law)

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	Overview of the Delaware Trust
		The significant benefits available under the Delaware law must be understood in the context of the prevailing U.S. law and the asset protection strategies which are currently available.
		An individual establishing a trust in one of these jurisdictions can be a beneficiary of the trust and all of the assets will still be protected by law from any potential claim.
		Because of these progressive laws and the desire to accomplish asset protection goals the popularity of the offshore asset protection trust has grown significantly within the past few years.
	www.rjmintz.com /delaware-trust.html (699 words)

	Trust law - Wikipedia, the free encyclopedia
		Strictly speaking, an offshore trust is a trust which is resident in any jurisdiction other than that in which the settlor is resident.
		A resulting trust is the form of implied trust which occurs where a trust fails, wholly or in part, as a result of which the settlor becomes entitled to the assets.
		The term "grantor trust" also has a special meaning in tax law: a trust in which the Federal income tax consequences of the trust's investment activities are entirely the responsibility of the settlor or another individual who has unfettered power to take out all the assets.
	en.wikipedia.org /wiki/Trust_fund (5577 words)

	Trust Law in Canada: An Introduction
		And yet, the law of trusts in Canada allows so many Canadians to imaginatively and safely give effect to their legal wishes, deftly leaving assets out of the hands of the incompetent, irresponsible or youth yet leaving them the benefit of those assets all the same.
		An oddity of the law of trusts is that once the subject matter of the trust is conveyed to the trustee, the rights of property with regards to the subject matter are split between the trustee and the beneficiary.
		Equity is a branch of English law which developed in England to impose fairness or "equity" upon the common law, which is traditionally rigidly enforced without regard to the "fairness" of the application of the law.
	www.duhaime.org /Will/ca-trus1.aspx (2635 words)

	Antitrust Law
		Trusts took their name from the quite legal device of business incorporation called trusteeship, which consolidated control of industries by transferring stock in exchange for trust certificates.
		Rejecting a challenge to a sugar trust that controlled over 98 percent of the nation's sugar refining capacity, the Court held that manufacturing was not interstate commerce.
		Without attaching criminal penalties, the law provided that "unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce are hereby declared illegal." This was more than a symbolic attempt to buttress the Sherman Act.
	iris.nyit.edu /~shartman/mba0101/trust.htm (3667 words)

	Law and Society Trust (Sri Lanka)
		The Trust has taken a leading role in promoting co-operation between government and society within South Asia on questions relating to human rights, democracy and minority protection and has participated in initiatives to develop a global intellectual and policy agenda.
		The Law and Society Trust was set up in Colombo in 1982 to initiate studies and activities on law, its processes and institutions and was subsequently incorporated in 1992 under the Companies Act No. 17 of 1982.
		The Trust also utilises law as a resource in the battle against underdevelopment and poverty, and is involved in the organization of a series of programmes to improve access to the mechanisms of justice, as well as programmes aimed at members of the legal community, to use law as a tool for social change.
	www.lawandsocietytrust.org (341 words)

	Trust Law - Utah, California, Nevada, Washington Attorneys Lawyers
		A trust is a relationship in which a person, called a "trustor" or "grantor", transfers something of value, called an "asset", to another person, called a "trustee".
		One of the uses of a trust is to provide flexible control of assets for the benefit of minor children.
		Trusts can also be used to hold real estate; to keep assets private and out of the court systems in lieu of a probate.
	www.evelandlawfirm.com /trusts.htm (483 words)

	Orion > Orion Magazine > July \| August 2003 > Mark Dowie
		Native groups, represented by the environmental law firm Earthjustice, fought to restore the streams and their traditional uses, while suburban developers and their lawyers fought to keep the water flowing through the Waiahole Ditch for use on golf courses, and for condominiums and new hotels.
		Thus the notion of "sovereign" property was born, and with sovereignty under the Public Trust Doctrine came the inescapable duty of state stewardship, a concept that survives today in all manifestations of the doctrine.
		The idea of the public trust was synonymous with America's promise of freedom, and several states eventually wrote some form of the ancient code directly into their constitutions.
	www.oriononline.org /pages/om/03-4om/Dowie.html (3539 words)

	Antitrust - Wex (Site not responding. Last check: 2007-10-15)
		Trusts and monopolies are concentrations of wealth in the hands of a few.
		Such conglomerations of economic resources are thought to be injurious to the public and individuals because such trusts minimize, if not obliterate normal marketplace competition, and yield undesirable price controls.
		To prevent trusts from creating restraints on trade or commerce and reducing competition, Congress passed the Sherman Antitrust Act (http://www.law.cornell.edu/uscode/15/ch1.html) in 1890.
	www.law.cornell.edu /topics/antitrust.html (305 words)

	MSBA.org - Estate and Trust Law
		A living trust can also be useful if a person who is in poor health, or who does not want to be bothered with investment decisions, wants someone else to manage his or her assets.
		However, immediate distribution of trust assets generally will not be possible if, for example, the trust is responsible for paying the grantor’s debts, funeral expenses, legal fees, or death taxes, or if assets of the trust must be appraised for the federal or state estate or inheritance taxes.
		Because a grantor of a revocable trust may alter or revoke the trust at any time prior to death, such assets may be subject to the right of election of a surviving spouse.
	www.msba.org /sec_comm/sections/estate/articles.htm (2579 words)

	Living Trust Law Library
		Because the trust is revocable until the grantor's death, she can change any part of the trust as often as she likes.
		You can still control the trust assets as if they were your own, but when you die, you do not "own" anything in your trust and therefore, you avoid probate for the assets placed into the trust.
		For a basic shared trust there are three schedules: one for property owned solely by the wife; one for property owned solely by the husband; and one for property owned jointly by the husband and wife.
	www.legalzoom.com /law_library/living_trust/glossary_introduction.html (1099 words)

	Estates and trusts - Wex (Site not responding. Last check: 2007-10-15)
		Generally, a trust is a right in property (real or personal) which is held in a fiduciary relationship by one party for the benefit of another.
		The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust.
		Many trusts are created as an alternative to or in conjunction with a will and other elements of estate planning.
	www.law.cornell.edu /topics/estates_trusts.html (433 words)

	Deed of trust - Law terms (Site not responding. Last check: 2007-10-15)
		If the owner fails to make payments on the loan, the deed of trust gives the lender the right to sell the property to get the loan repaid.
		A document, usually recorded, where a mortgage borrower, as the trustor, gives a security interest in his real property to the lender (beneficiary).
		Deeds of Trust are used in California in lieu of recorded mortgages against property.
	www.encyclopedia-wiki.org /encyclopedias/lawglossary/Deed-of-trust.html (98 words)

	SSRN-Trust Law, Corporate Law, and Capital Market Efficiency by Robert Sitkoff
		In both the publicly-traded corporation and the private donative trust a crucial task is to minimize the agency costs that arise from the separation of risk-bearing and management.
		Thus, even more than that of close corporations, the law and study of private trusts offers an illuminating counterfactual - a control, as it were - for a playful thought experiment about the importance of capital market efficiency to the law and study of public corporations.
		The animating idea for this essay is that many of the differences on the agency costs frontier between the public corporation and the private donative trust can be roughly attributed to their relative positions in modern capital markets and the related disparity in their residual claimants' ease of exit.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=470061 (427 words)

	Law.com - Hershey Suit Sours Trust Attorneys
		Fisher successfully championed a controversial interpretation of trust law that, according to some experts, would radically change existing law, discourage the creation of charitable trusts and push trustees into impossible conflicts.
		Fisher asserted in court papers that "the ultimate beneficiary of all charitable trusts is the general public to whom the social and economic advantages of the trusts accrue."
		This argument turns trust law on its head, according to lead counsel for the Hershey Trust, Jack Stover, a partner in the Harrisburg, Pa., office of Pittsburgh's Buchanan Ingersoll.
	www.law.com /jsp/article.jsp?id=1032128589486 (865 words)

	Delaware Trust (Site not responding. Last check: 2007-10-15)
		If you move the trust to Delaware, the same capital gain and accumulated ordinary income are not subject to state income tax.
		In practical terms, it means the funds inside a dynasty trust will grow at a much greater rate than a comparable sum of money held outside of a trust, because the trust won't be subject to additional estate tax or generation skipping transfer tax.
		This is essentially a device that allows the grantor to retain an interest in the income and principal from the trust under certain defined circumstances and yet creditors cannot reach it to satisfy claims.
	www.ustrust.com /public/ustrust/insights/ustrust_experts/trust_services/delaware_trusts.html?cmsid=P-448266&lvl1=insights&lvl2=ustrust_experts&refid=P-499713 (1227 words)

	Guernsey trust company formation and law by Chesterfield Offshore
		A Guernsey trust can have duration of up to 100 years and Guernsey is a party to the International Hague Convention of the Law applicable to Trusts and on their recognition.
		Where a person domiciled outside Guernsey transfers property to a Guernsey trust during his lifetime, he is deemed to have had the capacity to do so if, at the time of the transfer, he was under the law of his domicile of full age and sound mind.
		All the beneficiaries of the trust are non-residents of Guernsey
	www.offshore-guernsey.com /trusts.htm (524 words)

	Will & Trust law information from Answerbag
		However, each will and/or trust must meet the laws and guidelines of the state it was written and signed in.
		So research thoroughly and follow each law and guideline to the letter so there won't be a problem later when the will or trust is probated.
		Laws vary from place to place, but one thing that is consistent is that most Family Courts like to keep the child with a natural parent.
	www.answerbag.com /c_view.php/198 (3274 words)

	TRUST LAW FIRM
		Trust law firm either promotes a partner within the firm or hires a lateral partner outside.
		The Firm seeks candidates, licensed to practice, with or without experience, who are enthusiastic about the practice of law in a challenging and dynamic setting.
		The Firm is a young and fast-growing law firm.
	www.trust-law-firm.com /english/recruitment.htm (405 words)

	SSRN-An Agency Costs Theory of Trust Law by Robert Sitkoff
		The normative claim is that the law should minimize the agency costs inherent in locating managerial authority with the trustee and the residual claim with the beneficiaries, but only to the extent that doing so is consistent with the ex ante instructions of the settlor.
		Accordingly, the use of the private trust triggers a temporal agency problem (whether the trustee will remain loyal to the settlor’s original wishes) in addition to the usual agency problem that arises when risk-bearing and management are separated (whether the trustee/manager will act in the best interests of the beneficiaries/residual claimants).
		This Article draws on the economics of the principal-agent problem and the theory of the firm, and it engages the ongoing debate about whether trust law is closer to property law or contract law.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=412592 (407 words)

	Property, Family and Trust Law
		The law of easements concerns rights that landowners have over neighbouring land (eg rights of way and light).
		The current law governing forfeiture of tenancies is complicated, out-dated and difficult to use.
		We think our proposed scheme would make the law easier to understand and simpler in practice, and would assist landlords and tenants to resolve their disputes out of court.
	www.lawcom.gov.uk /property.htm (377 words)

	Living Trust Law Library
		A living trust can also provide you with more privacy than a will because you don't have to register it with the courts in probate.
		Finally, a living trust allows you to hand over management of your assets to someone else if you are unable to manage your assets yourself.
		This Living Trust Law Library was created to answer most of your questions related to living trusts and to get you comfortable with what a living trust can do for you.
	www.legalzoom.com /law_library/living_trust/introduction.html (293 words)

	SSRN-Law and Trust by Frank Cross
		Trust is a complicated concept, which contains both rational cognitive and emotional affective aspects.
		While the law has been criticized by many social scientific researchers for undermining affective trust, this theory is a misguided one.
		After examining the existing literature on the association of law and trust, I conduct cross-country research showing that the concepts are not antagonistic but tend to go together.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=813028 (289 words)

	albawaba.com middle east news information::New DIFC trust law enacted (Site not responding. Last check: 2007-10-15)
		A trust law providing the basic framework for the creation of trusts in the Dubai International Financial Center (DIFC) was recently enacted.
		The new DIFC Law No. 11 of 2005, enacted by Sheikh Maktoum Bin Rashid Al Maktoum, Vice-President and Prime Minister of UAE, will enable the UAE financial and professional sectors to develop their trust services with increased security as well as flexibility, according to David Knott, CEO of the Dubai Financial Services Authority.
		The law consists of ten sections which deal with choice of governing law, place of administration, creation, validity and modification of a DIFC trust, office of trustee, and duties and powers of trustees.
	www.albawaba.com /en/countries/Cyprus/191435 (215 words)

	Legal Advocacy at National Trust for Historic Preservation (Site not responding. Last check: 2007-10-15)
		The Law Department of the National Trust provides a full variety of legal services in support of historic preservation, from in-house legal advice to public legal advocacy in preservation cases and controversies across the country.
		The Law Department is also the home of the Legal Defense Fund (LDF), which provides litigation and legal advocacy to ensure the effectiveness of laws at the federal, state, and local levels.
		The Law Department has also produced a number of publications on preservation law, including the Preservation Law Reporter, a nationally-recognized law journal.
	www.nationaltrust.org /law (306 words)

	Trust Law Chambers Online
		Trust Law Chambers is a dynamic and modern Rwandan law firm of legal advisers, consultants and advocates.
		The foundation of our practice is Business and corporate law, labour and employment law and government procurement.
		Trust Law Chambers was founded with such expectations in mind and it aims to meet and even exceed them.
	www.trustchambers.co.rw (104 words)

	Estate and Trust Law
		Without a will, your "estate" (everything you own: house/apartment, bank account, stocks, cars, etc.) will be distributed under state intestacy laws, in ways you may never have wanted.
		Writing a will, creating a trust, or both, will help insure that your assets go to those you intend after your death.
		Other kinds of trusts are used to control the use and management of your assets while you are alive.
	www.true-law.com /S3EstateTrust.htm (258 words)

	Panamanian Trust Law
		The trust has been recognized by Panamanian law for nearly three-quarters of a century.
		The Firm assists its clients by advising as to the provisions of the law, giving counsel as to the use of trusts to obtain client’s goals, drafting trust instruments and administering trusts after their establishment.
		The Panamanian trust is flexible and popular and can be used to hold and vote shares, hold assets during the lifetime of a person, with testamentary provisions, serve as an investment medium, protect assets of incompetents and minors and for several other purposes contemplated by law.
	www.shirleylaw.com /en/services/trust_law.htm (225 words)

	Fear Not Law(california lawyer directory) is a legal resource site for attorneys,students,litigants.legal ...
		Let me not be understood as saying that there are no bad laws, nor that grievances may not arise for the redress of which no legal provisions have been made.
		But I do mean to say that although bad laws, if they exist, should be repealed as soon as possible, still, while they continue in force, for the sake of example they should be religiously observed.
		Domestic trusts are trusts created in California and the rest of the country.
	www.fearnotlaw.com (1944 words)

	Stetson Law -- Special Needs Trust: Another Look
		An outstanding faculty of elder law experts has been assembled for this timely program.
		Elder law attorneys, personal injury attorneys, defendant’s attorneys, mediators, insurance industry and elder care professionals will benefit from this cutting edge seminar.
		Should a speaker be unavailable on the date of the seminar, the sponsors reserve the right to provide an appropriate substitute.
	www.law.stetson.edu /cle/pubs/snt2.htm (228 words)

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