Trusts & Trustees 2009 15(4):250-255; doi:10.1093/tandt/ttp029
© The Author (2009). Published by Oxford University Press. All rights reserved.
Offshore: Cayman Islands
Robert Mack*
Correspondence: *Robert Mack, Appleby, Clifton House, 75 Fort Street, PO Box 190, Grand Cayman KY1-1104, Cayman Islands. E-mail: rmack@applebyglobal.com
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This section compares law and practice of various jurisdictions in particular areas. We use the Q&A format familiar to readers of the World Trust Survey, but the In Focus section asks for more detailed answers than in the Survey. For 2009 the subject is succession, looking particularly at applicable laws, conflict of laws, forced heirship rights and the division of community property from an onshore perspective and the recognition and enforcement of foreign judgments in relation to forced heirship, matrimonial property and foreign community property from an offshore perspective. In this issue we deal with the onshore position in Russia and the offshore position in the Cayman Islands.
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1. Recognition and enforcement of judgments
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- Will foreign community property and/or forced heirship rights be recognized?
- Describe scope and effect of relevant firewall legislation protecting trusts against foreign judgments based on forced heirship or matrimonial property rights. Describe any relevant reported decisions.
- Describe practical steps to protect foreign . . . [Full Text of this Article]
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2. Primary Firewall legislation in the Cayman Islands—Part VII Trusts Law
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3. Hague Convention
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4. Practical steps to protect foreign situs assets from forced heirship/matrimonial claims
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5. Establishment
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6. Pre-distribution
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7. Post-distribution
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8. Termination
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9. Conclusion
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