Jurisdiction of Preference

In choosing which jurisdiction to utilize as the situs of the Offshore Trust, there are several important factors to consider.

First, the country must be stable politically and have strong trust companies that are well versed in the law and that have a reputation for integrity in preserving and protecting the Trust structure.

Two, it helps if English is the native language of the country.

Three, the enabling Trust legislation must provide the key Asset Protection elements of protection such as a favorable statute of limitations and the refusal to recognize US judgments.

Because of our experience and after careful analysis, we generally utilize the Cook Islands as the jurisdiction for our clients Asset Protection Trusts, (we have plenty of experience and contacts in other jurisdictions).  This does not mean that the assets of the Trust have to be placed in the Cook Islands, but only that the Trust itself is drafted under the laws of the Cook Islands.