Drafting Cayman Islands Trusts

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James Kessler KC, KC (Barrister, Old Square Tax Chambers, UK) Tony Pursall (Consultant, Mourant Ozannes, UK)

Drafting Cayman Islands Trusts

James Kessler KC, KC (Barrister, Old Square Tax Chambers, UK), Tony Pursall (Consultant, Mourant Ozannes, UK)

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English

Bloomsbury Professional
16 October 2025

Law; International law; Trusts & estates taxation

Written in a straightforward, modern style and providing a comprehensive set of trust precedents this book is a value-adding reference work on key areas of trust law for private client practitioners.

Containing a detailed discussion of administrative provisions, some of which are not generally dealt with in conventional textbooks on English trust law, it provides answers (with appropriate reasons and authority, where available) to a number of important questions for practitioners, such as: Are forfeiture clauses valid, and do automatic flee clauses work? How should a drafter provide for the trust's proper purpose, and would STAR trusts be recognised in other jurisdictions? How can one validly restrict a beneficiary's right to information and trust documents, and what indemnities should retiring trustees request from their successors?

The Second Edition reflects important new case law (in the Cayman Islands, England and other leading trust jurisdictions), legislative changes, changes to drafting practice and includes fully updated precedents which are also supplied as an accompanying electronic download. The meaning and, where relevant, the source of each provision used in the precedents is explained in the book, with suggested wording for common alternative options, as well as discussions of some common drafting mistakes and traps to avoid.

This title is included in Bloomsbury Professional's Banking and Finance Law online service.

By: James Kessler KC KC (Barrister Old Square Tax Chambers UK), Tony Pursall (Consultant, Mourant Ozannes, UK)
Imprint: Bloomsbury Professional
Country of Publication: United Kingdom
Edition: 2nd edition
Dimensions: Height: 248mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781526529268
ISBN 10: 1526529262
Pages: 600
Publication Date: 16 October 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. First Principles 2. Style 3. Principles of Interpreting Trust Documents 4. Beneficiaries 5. Trustees 6. Trustees' Powers 7. Trust Property 8. The Rule Against Perpetuities 9. General Provisions of a Trust 10. Drafting and Understanding Overriding Powers 11. Exercising Overriding Powers 12. Settlor Exclusion Clause and Default Clause 13. Interest in Possession Trusts 14. Provisions Inconsistent with Interest in Possession Trusts 15. Discretionary Trusts 16. Protectors and Reserved Powers Trusts 17. STAR Trusts 18. Administrative Provisions 19. Charitable Trusts 20. Governing Law, Place of Administration and Jurisdiction Clauses 21. Restricting Rights of Beneficiaries 22. Stamp Duty 23. Execution of Trust Deeds 24. Appointment and Retirement of Trustees 25. Indemnities for Trustees Precedents Discretionary trusts (without protector) Discretionary trusts (with protector) Interest in possession trust Reserved powers trust Charitable trust STAR trust to hold the shares in a private trust company STAR trust to hold a family business (or other high-risk assets) Deed of Appointment and Retirement of Trustees (trustees to appoint) (with variant for separate deed of indemnity) Deed of Appointment and Retirement of Trustees (appointor to appoint) (with variant for separate deed of indemnity)

James Kessler KC, Barrister, Old Square Tax Chambers, UK Tony Pursall, Consultant, Mourant Ozannes, UK

Reviews for Drafting Cayman Islands Trusts

""...a valuable edition for anyone concerned with the drafting of Cayman Islands trusts or understanding their particular role in international asset planning arrangements....This is a great addition to practical trust literature"" --John Goldsworth, Trusts & Trustees, 2007, Vol. 13, No. 2 (Review of 1st edn)