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Consultations and Ordering: +1-800-830-1055 | 1-661-310-2931
Asset Protection Planning
is proactive legal action that protects your assets from threats such as creditors, divorce, lawsuits and judgments. Call now to let our attorneys help you.
The following chart compares various features of domestic and offshore trusts in thirty of the world’s most popular trust jurisdictions. Trusts are one of the most valuable tools for asset protection worldwide. The definition of an asset protection trust is one which protects the assets of the settlor(s), and whom can also be beneficiary(ies). Several states in the United States have established trust laws. Trusts based in the United States are known as domestic trusts. There are also foreign jurisdictions which offer trusts. These trusts are referred to as offshore trusts.
Domestic States | Offshore Countries |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors ie. child support, alimony? | Statutory limitation on fraudulent transfer? |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Bahamas![]() | Yes. | Settlor may retain powers of revocation, powers of appointment over any part of the trust property, powers of amendment, powers of addition or removal of trustees, protectors, or beneficiaries; and powers to direct the trustee in connection with the exercise of any of their powers or discretions. | Yes. | Yes. | Yes. Burden of proof is beyond a reasonable doubt. | Yes. | No. | A 2 year statute of limitations is placed on the commencement of any action related to a fraudulent transfer. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Belize![]() | Yes. | Settlor may retain a power of revocation of the trust, a power of disposition over trust property, a power to amend the trust deed, and any interest in the trust property. | Yes. | Yes. | Yes. Burden of proof is beyond a reasonable doubt. | Yes. | No. | No vesting period means that assets moved into a Belize trust are automatically protected from creditor threats. This means that there is no statute of limitations for creditors to file a fraudulent transfer action. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Bermuda![]() | Yes. | Settlor may retain a power to revoke the trust in whole or in part, a power to vary or amend the terms of a trust instrument or any of the trusts, purposes or powers arising thereunder in whole or in part, a power to decide on or give directions to advance, appoint, pay, apply, distribute or transfer the trust property, a power to act as, or give directions as to the appointment or removal of directors or officers of companies owned by the trust, or to direct the trustees how to exercise voting rights with respect to the shares of such companies, a power to give directions in connection with investments or the exercise of any powers or rights arising from such trust property, a power to appoint, add, remove or replace any trustee, protector, enforcer or other office holder or advisor, a power to add, remove or exclude any beneficiary, class of beneficiaries or purpose, a power to change the governing law and the forum for administration of the trust, and a power to restrict the exercise of any powers, discretions or functions of a trustee by requiring that they shall only be exercisable with the consent, or at the direction, of a person or the persons specified in the trust instrument. | Yes. | Yes. | Yes. | Yes. | No. | In the case of an eligible creditor, within 6 years after the material date or within 6 years after the date when the obligation became owed, whichever is the later date. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Cayman Islands![]() | No. | Settlor may retain power to revoke, vary or amend the trust instrument; power of appointment of income or capital, any limited beneficial interest in the trust property, power to act as a director or officer of any company owned by the trust, power to give the trustee binding directions in relation to the investment of the trust property, power to appoint, add or remove any trustee, protector or beneficiary, power to change the governing law and forum for administration, and power to require the trustee to obtain consent before exercising a power. | No. | Yes. | Yes. Burden of proof is beyond a reasonable doubt. | Yes. | No. | There is a limitation period of six years after the transfer which prevents any action being taken to set aside the transfer after that time. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Cook Islands![]() | Yes. | Settlor may retain the power to revoke the trust, the power to amend the trust, any benefit, interest or property from the trust, the power to remove or appoint a trustee or protector, and the power to direct a trustee or protector on any matter. | Yes. | Yes. | Yes. Burden of proof is beyond a reasonable doubt. | Yes. | No. | The Cook Islands trust has a one-year statute of limitations on fraudulent transfer. The statute of limitations is two years from the cause-of-action, which is the reason why the lawsuit was filed). |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Gibraltar![]() | No. | Yes. | Yes. | Yes. | N/A | N/A | No. | As they were created under bankruptcy legislation, Gibraltar trusts are automatically protected from creditor threats. This means that there is no statute of limitations for creditors to file a fraudulent transfer action. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Guernsey![]() | No. | Settlor may retain the power to revoke or vary a trust, appoint trust assets, appoint/remove beneficiaries or control trust assets. | Yes. | Yes. | Yes. | Yes. | No. | The statute of limitations on fraudulent transfer in Guernsey is 6 years. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Jersey![]() | No. | Settlor may retain the power to revoke or vary a trust, appoint trust assets, appoint/remove beneficiaries or control trust assets. | Yes. | Yes. | Yes. | Yes. | No. | The statute of limitations on fraudulent transfer in Jersey is 6 years. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Liechtenstein![]() | Yes. | The settlor is not entitled to any administrative or control rights and a permanent influence of the settlor on the trustee(s) is precluded. | Yes. | Yes. | Yes. | Yes. | No. | The statute of limitations for fraudulent conveyance in Liechtenstein is 5 years. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Nevis![]() | Yes. | Settlor may retain the power to revoke the trust, the power to amend the trust, any benefit, interest or property from the trust, the power to remove or appoint a trustee or protector, and the power to direct a trustee or protector on any matter. | Yes. | Yes. | Yes. Burden of proof is beyond a reasonable doubt. | Yes. | No. | With a Nevis asset protection trust, a transfer to a trust is not fraudulent if settled, established or the disposition occurs after the expiration of one year from the date such creditor’s cause of action accrued. Furthermore, a transfer to a trust is not fraudulent if settled, established or a disposition occurs before the expiration of one year from the date that a creditor’s cause of action accrued and that creditor fails to commence such action before the expiration of one year from the date that such settlement, establishment or disposition occurs. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Switzerland![]() | Yes. | The settlor is not entitled to any administrative or control rights and a permanent influence of the settlor on the trustee(s) is precluded. | Yes. | Yes. | Yes. | Yes. | No. | The statute of limitations for fraudulent conveyance in Switzerland is 10 years. |
Jurisdiction | Settlor (Grantor) can be a beneficiary? | Retention of control by settlor? | Spendthrift beneficiary provisions? | Avoidance of forced heirship? | Creditor must prove fraudulent transfer? | Clear definition of fraudulent transfer? | Exemptions for Specific Creditors e.g.. child support, alimony? | Statutory limitation on fraudulent transfer? |
Turks & Caicos![]() | Yes. | Settlor may retain the power to revoke, vary or amend the terms of the trust or any trusts or powers arising under it, in whole or in part, the power to advance, appoint, pay or apply income or capital of the trust property or to give directions for the making of such advancement, appointment, payment or application, the power to act as a director or officer of any corporation wholly or partly owned by the trust, the power to give binding directions to the trustee in connection with the purchase, holding, sale, lending or charging of the trust property, the power to appoint or remove any trustee, enforcer, protector or beneficiary, or any other person who holds a power, discretion or right in connection with the trust or in relation to trust property, and the power to appoint or remove an investment manager or investment adviser, the power to change the proper law of the trust or the forum for the administration of the trust, the power to restrict the exercise of any powers or discretions of a trustee by requiring that they shall only be exercisable with the consent of the settlor or any other person specified in the terms of the trust, and the right a limited beneficial interest in the trust property. | Yes. | Yes. | Yes. Creditor must prove that the creditor was insolvent at the time of transfer. | Yes. | No. | The statute of limitations on fraudulent transfer in Turks and Caicos is 6 years. |
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