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Trusts - Law and Practice

In-House

This practical two day course is designed to explain all aspects of modern trust management and the role of trustees.

By the end of this training you will:

  • Have in-depth understanding of trusts and trustee duties
  • Be up-to-date with recent market developments affecting trusts
  • Be able to conduct all the trustee' administrative duties
  • Understand difficulties of marketing trust based services
  • Managing conflicts of interest
  • Learn about the implication of selecting different jurisdiction

This programme can be customised and run in any of your worldwide offices. Contact our advisors to discuss your requirements. 

                          Call us +44 207 193 5035

or send an e-mail to: enquiry@eurekafinancial.com 


Trust Law and Practice - A Two Day Programme
Introduction
 
  • The trust concept
  • What is a trust?
  • Who are the parties to a trust?
  • The “three certainties”
  • The trust deed / instrument
  • History of the Law of Trusts and Equity
  • The Letter of Wishes
 
Trustee powers and duties
 
  • An overview typical trustee powers
  • The “duty of care”
  • Duties in respect of Trust Investments
  • Duty to maintain accounts
  • Avoiding and managing conflicts of interest
 
 
Types of Trust
 
  • Overview of the types of trust and their practical uses
 
The potential motivations to create trusts
 
  • Risk management
  • Succession planning
  • Estate planning and Forced Heirship
  • Asset Protection
  • Avoidance of probate
  • Tax planning
 
Some alternative planning techniques and their limitations
 
  • Foundations,  Anstalts,  Stiftungs
  • Companies
  • Wills
  • Life insurance
 
Trust administration
 
  • Creation
  • Record keeping
  • Distributions
  • Documentation of decisions
  • Variations and termination
 
Using Company Structures under Trusts
 
  • The principal uses
  • Onshore or Offshore
  • The features of offshore companies
  • Developments in offshore company law and administration
  • Company Shareholders, Directors and other Officers
  • Mind and management issues
 

The challenges of marketing Trust based services

  • Due diligence – Anti Money Laundering and Tax Evasion issues
  • Suitability
  • Detailed knowledge of the clients personal circumstances
  • Potential barriers to successful selling
  • Avoiding some typical marketing “mistakes”
 
Advanced concepts
 
  • Trust litigation – attacks on trusts and trustees
  • Sham Trusts and defective trusts
  • Disputes involving Protectors
  • Conflicts of interest
  • Disclosure of information
  • Negligence
  • Removal of Trustees
  • Defence mechanisms available to trustees
  • Mistakes – the aftermath of Hastings Bass
  • Selection of governing law and jurisdiction
  • Selection of trustees
  • Planning considerations for Islamic clients
  • The potential implications of the G20 meeting (April 2nd 2009)
 
Recent developments
 
  • A round up of recent private client cases and their implications
  • Implications of recent changes in taxation

Our Course Director began his private banking career  with Royal Bank of Canada where he spent 15 years in a wide variety of senior roles covering almost all aspects of the private banking business both onshore (London) and offshore (Bermuda). During this time he led successful asset management, trust and banking operations, focusing on the needs of international high net worth and ultra high net worth private clients.

He  was also a member of the Global Private Banking Management team and managed many aspects of the integration of a substantial international private banking acquisition.
 
He has also worked with Swiss private banks where he was responsible for developing the international private client market in the UK. Throughout this period, he also maintained a portfolio of high net worth international private client relationships. 
 
Our Trainer has broad general wealth management experience but his particular area of expertise is in developing financial planning solutions for international high net worth private clients and their businesses that have complex cross border planning issues. In this capacity he has marketed private banking solutions to other centres of influence including private client and tax lawyers, accountants, independent financial advisers and brokers.

IN-HOUSE TRAINING

If you have a team of 4 or more this course can be customised and organised in-house at your convenience in any of your offices worldwide. Contact one of our advisors to find out more.
 

                 Call us now on +44 (0) 207 193 5035

or send us e-mail to: enquiry@eurekafinancial.com


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