Building the trust
fortress
Emily yiolitis
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Winter is
coming
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THE WALL
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SAMWELL TARLEY
“THE WHITE WALKERS SLEEP
BENEATH THE ICE FOR
THOUSANDS OF YEARS AND
WHEN THEY WAKE UP….
I HOPE THEY WALL IS HIGH
ENOUGH
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CAPACITY
AND
INTENTION
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Plan early
“The night Is dark
and full of
terrors”
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Have a
favorite
character?
Not anymore
LET GO.
DON’T HOLD ON
TO THINGS
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Settlor Reserved Powers
To Reserve or Not to Reserve
What are Settlor Reserved Powers?
Settlor Reserved Powers are those powers
specifically drafted into a trust deed
which a Settlor retains to him or herself
when relinquishing control to the
trustees while setting up a trust.
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Similar Provisions Globally
 Section 86 of the British Virgin Islands trustee
Act;
 Section 15 of the Trusts Guernsey Law 2007;
 Section 47 of the Nevis International Exempt
Trust Ordinance;
 Section 9A of the Trust (Jersey) Law of 1984 as
amended in 2006;
 Part III of the Cayman Trusts Law (2001 Revision)
to the Trusts (Amendment) (Immediate Effect
and Reserved Powers) Law 1998;
 Sections 3 and 81 (2) of the Bahamas Trustee Act
1998.
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Hague Convention on Trusts
Article 2 of the Hague Trusts Convention which
provides that “the reservation by the settlor of
certain rights and powers is not necessarily
inconsistent with the existence of a trust”
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DON’T EVEN
THINK ABOUT
GETTING
MARRIED
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 The marriage of Ashton (1986) 11 Fam
LR 45
 The marriage of Goodwin (Appeal
No 172 of 1989)
 Browne v. Browne (1989) 1 FLR 291
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YOU WIN OR YOU DIE
"Trustee Exclusion
Clauses"
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 Bartlett v. Barclays Bank Trust Co Ltd.
(1980) 1 All ER 139
 West v. Lazard Brothers Co. (Jersey) Ltd.
(1993) JLR 165
 Armitage v. Nurse (1997) 3 WLR 1046
 Lutea Trustees Ltd v Orbis Trustees
Guernsey Ltd & Others (1998/99) 2 OFLR 227)
 Wight v Olswang (The Times September
17, 1998)
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Know who
to trust
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LESSONS LEARNED FROM THE
SEVEN KINGDOMS
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Thank you
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