Drafting Cayman Island Trusts

By James Kessler QC and Tony Pursall

This book arose out of the prizewinning English text Drafting Trusts & Will Trusts by James Kessler, Q.C. There are significant differences between the trust law of Cayman Islands and England. This is therefore a wholly Cayman version of the English text and will be essential to anyone drafting or advising on Cayman Island trusts.

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CONTENTS

  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 IP Trusts
  15. Discretionary Trusts
  16. Protectors and reserved powers trusts
  17. Star Trusts
  18. Administrative Provisions
  19. Charitable Trusts
  20. Governing Law
  21. Restricting Rights of Beneficiaries
  22. Stamp Duty
  23. Execution of Trust Deeds
  24. Appointment and retirement of trustees
  25. Indemnities for trustees
  26. Precedents