James Kessler QC and Tony Pursall,
Kluwer Law International
Price £147, Hardback, ISBN: 90-411-2488-8
plus CD Rom
This book follows the general pattern of the English work, Drafting Trusts and Will Trusts, the 8th edition of which has just appeared. Tony Pursall has put many very useful comments on relating to Cayman Islands trusts which help many practitioners concerned with international trusts understand the growing climate of trusts in offshore centres and how general trust thinking is enriched by these new ideas.
By having specialist jurisdictional versions, it allows a similar approach to be brought to the individual nature of that country’s trust law.
One difference between this and the UK book is that this Cayman Islands book is not concerned with wills and their drafting. In the Cayman Islands this refers to STAR trusts where the drafting of those receives the same straightforward approach as the rest of the book: there are specialized precedents.
Further version of James Kessler’s book with other specialist contributors are promised for a variety of countries. In the meantime, this version on Cayman Island drafting is a valuable edition for anyone concerned with the drafting of Cayman Islands trusts or understanding their particular role in international asset planning arrangements.
The nature of an express trust depends upon the trust instrument. It does not take much imagination to realize that the substantive nature of a trust depends upon the success of the draftsman unambiguously writing down the settlor’s requirements. Understanding the potential pitfalls in the drafting goes a long way to being able to appreciate what a settlor really means and successfully passing the true intention on to the trustees; this means that many matters of trust law will be looked at more closely and be better appreciated.
This is a great addition to practical trust literature and, like its English version, is now of considerable length but the many cross references and footnotes, and references to cases, provides a unique source of trust law and practice of draftsmanship in the Cayman Islands.
Here is
information on how to order Cayman Islands Trusts
and other books by James Kessler.