The Hague Trusts Convention

This comprehensive analysis of the Hague Trusts Convention addresses the complexities of cross-border trusts and their legal implications.

This book is the first published in England to offer a comprehensive analysis of the Hague Trusts Convention. It delves into the complexities that arise when trusts cross international borders, highlighting the potential for confusion regarding the nature of trusts in different jurisdictions. Key questions are posed: How does the understanding of a trust differ from one country to another? What rights do trustees and settlors hold in various legal systems? Furthermore, the book explores the rights of beneficiaries and the protection of trust assets from creditors and other claims.

The Hague Trusts Convention, which was incorporated into English law through the Recognition of Trusts Act 1987, aims to address these challenges by providing harmonized choice of law rules for trusts that are created voluntarily and documented in writing. This book serves as a valuable resource for both academics and practitioners, particularly those specializing in private international law and trust law. It emphasizes the importance of recognizing trusts in Contracting States, even in jurisdictions that do not formally acknowledge the institution of trusts.

In addition to discussing the Convention's provisions, the book also examines the complex preliminary steps necessary for creating a trust. These preliminary matters often involve intricate and uncharted choice of law issues, which the author addresses in detail, offering appropriate solutions and insights. This thorough analysis makes the book an essential read for anyone navigating the intersection of trust law and international legal frameworks.