By Howard Rosen Archives - Page 13 of 17
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By Howard Rosen

Review of Offshore Jurisdictions (Part 3)

Review of Offshore Jurisdictions (Part 3)

With this issue we continue our periodic review of selected offshore jurisdictions. As indicated by the above subtitle, in this issue we will review Barbados.

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New Cook Islands Legislation: Fine Tuning the Law

New Cook Islands Legislation: Fine Tuning the Law

The new law abolishes the common law “rule against perpetuities”. This means that a “dynasty” trust can now be established in the Cook Islands. Thus, you can establish a trust in the Cook Islands which will continue indefinitely.

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Offshore Trusts Can Create Legal Obstacle Course for Claimants

Offshore Trusts Can Create Legal Obstacle Course for Claimants

Consider the thought processes of your claimant’s attorney contemplating an action to recover assets from a trust in a foreign country. He knows nothing of the country’s geography, laws, procedures, costs, or even its currency. These factors become immediate hurdles in a legal obstacle course upon which he is about to embark.

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Tenancy by the Entireties: Protection No More!

Tenancy by the Entireties: Protection No More!

This issue was scheduled to be a review of Barbados. However, a decision in a recent case which may put at risk certain “do-it-yourself” protection techniques was handed down, and is discussed in this issue.

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Review of Offshore Jurisdictions (Part 2)

Review of Offshore Jurisdictions (Part 2)

With this issue we continue our review of selected offshore jurisdictions. As indicated by the above subtitle, in this issue we will review Anguilla.

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The How’s and Why’s of Offshore Trusts in Asset Protection Planning

The How’s and Why’s of Offshore Trusts in Asset Protection Planning

This article will focus on just what the title indicates: how and why offshore trusts are used in asset protection planning. The article will review certain aspects of domestic law which limit the ability of a domestic trust to provide meaningful asset protection, and will compare those laws with the laws of certain offshore jurisdictions which address the same issues in a different way, with vastly different results. In addition, the article will highlight selected trust clauses which can enhance the protection afforded by careful selection of a situs jurisdiction.

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