Robert Lindley and Wesley O’Brien discuss cases where offshore courts act as auxiliaries to those onshore.
Offshore courts have considerable experience in giving directions to trustees faced with a joinder order issued by a foreign family court seeking to exercise its variation jurisdiction in respect of a trust governed by the law of the offshore jurisdiction. Subject to the specific facts and circumstances, various responses may be made by trustees in respect of such joinder applications, including the resulting directions made by offshore courts when dealing with foreign divorce proceedings affecting or indeed attacking an offshore law governed trust.
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Trust and Estates Law & Tax Journal Article – When can an offshore court act as an auxiliary court?
This article was originally published in Issue #266 of Trust and Estates Law and Tax Journal. Visit www.lawjournals.co.uk to read the full publication.