Anti-Duress Provision

Typical Duress Clause example 1. Freedom from Outside Interference The Settlor directs that this Settlement be administered consistent with its terms, free of judicial intervention and without order, approval, or other action of any court. To the extent, any Person is granted the power hereunder to compel any act on the part of the Trustee, […]

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What is a Spendthrift Clause or Spendthrift Provision?

Rob Explains what is a spendthrift clauses or spendthrift provision does and how to why implement it in a trust. Watch the Video and find examples of spendthrift clauses as you continued reading. Today we’re talking about spendthrift clauses. They’re found in almost every trust ever done in the United States and in the English […]

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Cuba Clause & Definition of Event of Duress

 Typical Cuba ClauseThis is an example of your typical Cuba Clause & Definition of Event of Duress in a asset protection trust.Change of Trustee and Situs of Administration (a) Notwithstanding any other provision contained in this Settlement, the Trustee, upon the happening of an Event of Duress in the jurisdiction where any Trustee or part […]

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Contest Clause

Example Contest Clause If any Person, including a Discretionary Beneficiary, shall, in any manner, either:(i) directly or indirectly, attempt to contest or oppose the validity of this Trust, or any other Trust settled, on or after the date of this Settlement, by the Settlor, the Spouse of the Settlor, or both, or   (ii) commence […]

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Getting Assets Out of APT During Settlor’s Life

Trustee The Trustee shall stand possessed of the Trust Fund for the benefit of all or any one or more of the Discretionary Beneficiaries and with such powers of appointment, maintenance and advancement in favor of all or any one or more of them, as the Trustee, with the written consent of the Protector, may […]

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Coordinating Your Asset Protection Trust With Your Estate Plan or Will

Download PDF – Coordinating Your Asset Protection Trust With Your Estate Plan or Willby Rob Lambert (3 pages)Download Here Coordinating Your Asset Protection Trust With Your Estate Plan(If You Are Doing Your Estate Planning With An Estate Planning Trust)Provided that the Settlor has actually settled an estate planning trust (hereinafter Settlor’s Estate Planning Trust) specifically directing […]

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Rule Against Perpetuities Savings Clause

Below is a typical example of a rule against perpetuities clause from your average asset protection trust.Rule Against Perpetuities Savings Clause ExampleTrust Period means the period commencing with the date of this Settlement and ending on the first to occur of the following dates, namely:(i) The date of the sixtieth anniversary of the date of […]

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What is a offshore asset protection trust?

There are many types of trusts, but for this example, I will define an asset protection trust as any trust formed for a term of years in a foreign jurisdiction, which does not recognize (or imposes significant barriers to the recognition of) United States judgments. Honestly, this is every country in the world since every […]

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Typical Excluded Persons Clause

The following list of Excluded Persons shall be interpreted in its broadest sense, and shall include the following Persons: All courts, panels, administrative or judicial bodies. Any and all creditors, claimants or judgment creditors of any settlor or of any Discretionary Beneficiary, or of any other Beneficiary under the Settlement. Any and all creditors, claimants […]

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