Typical Excluded Persons Clause

The following list of Excluded Persons shall be interpreted in its broadest sense, and shall include the following Persons:

  1. All courts, panels, administrative or judicial bodies.
  2. Any and all creditors, claimants or judgment creditors of any
    settlor or of any Discretionary Beneficiary, or of any other Beneficiary under the Settlement.
  3. Any and all creditors, claimants or judgment creditors of any Trustee other than in respect of any debt, claim or judgment, resulting from the exercise or purported exercise of any power or discretion by the Trustee pursuant to the terms of this settlement.
  4. Any Spouse of Settlor’s natural born or legally adopted children.
  5. Any Spouse or former Spouse of Settlor who is either legally separated or divorced from Settlor.
  6. Such Person or Persons as the Settlor adds to this Schedule from time to time.

Typical Excluded Person Clause

Notwithstanding anything in this Settlement, expressed or implied, no Excluded Person shall be capable of taking any benefit of any kind by virtue of, or in consequence of, this Settlement, and in particular, but without prejudice to generality of the foregoing provisions of this clause:

(a) The Trust Fund and the income thereof shall henceforth be possessed and enjoyed to the entire exclusion of any such Excluded Person.

(b) No part of the capital or income of the Trust Fund shall be paid to or lent to or applied for the benefit, either directly or indirectly, of any such Excluded Person in any manner or in any circumstances whatsoever.

(c) No power or discretion hereby granted or by any appointment (or other exercise of any powers) made hereunder or by law conferred upon the Trustee, or any of them, shall be capable of being exercised in such a manner that any Excluded Person will or may become entitled either directly or indirectly to any benefit in any manner or in any circumstances whatsoever.

(d) The Settlor may, by a writing delivered to the Trustee, with the power of revocation, declare that one or more of the Discretionary Beneficiaries shall thenceforth be excluded from the class of Discretionary Beneficiaries, and on execution of such deed such Person(s) shall cease to have any interest in the Trust Fund, whether as to income or capital or otherwise, but without prejudice to any payment or transfer made prior to such declaration. In the event that a judgment is rendered by any court or administrative body against a Discretionary Beneficiary that is greater than the current liquid assets of a Discretionary Beneficiary (excluding any contingent or other interest in this Trust), then such beneficiary shall automatically be an Excluded Person.

Posted in Typical provisions in asset protection trusts explained and tagged .