Offshore Trusts

An offshore asset protection trust is considered by many experts to be the strongest asset protection vehicle on the planet when established in the proper jurisdiction. Assets are conveyed to the offshore trusts. You designate the trustees, settlors and beneficiaries. Only a few jurisdictions have laws that strongly favor the offshore asset protection trusts. These jurisdictions are the Cook Islands, the Isle of Man, and the island of Nevis. All three jurisdictions have laws that provide very strong asset protection and are politically stable. Legal experts agree that the Cook Islands has the strongest of asset protection case law history. Please click here for an illustration.      

If you would like, you can name yourself as the only beneficiary to the trust. Alternatively, you can have several beneficiaries. Any trustee that is appointed must be licensed to provide trustee services in the jurisdiction. The offshore government thoroughly screens and regularly audits trustees. Any unsuitable trustee can be replaced by you. You can remain in control of the investments or you can legally require the trustee to take your direction on investments.

Advantages of an Offshore Trust

The major advantage of an offshore trust is asset protection. Assets are kept out of the reach of creditors. US Judges and those in other locations do not have jurisdiction over foreign citizens. Local judges cannot legally compel the foreign trustee to release funds to your judgment creditor. The Cook Islands, Nevis, and Isle of Man do not recognize judgments that originate in a foreign country, such as the United States. Any litigation must be initiated in the offshore jurisdiction to reach the assets. Some offshore jurisdictions place many obstacles for those who attempt to bring any litigation to the trust. In Nevis, for example, a creditor must post a $25,000 cash deposit to bring the suit against a Nevis trust. In the Cook Islands, the suit must prove beyond any reasonable doubt that assets were transferred into the trust in order to defraud the creditor in question.

With a Cook Islands Trust, the statute of limitations state that the time limit for your opponent to claim fraudulent transfer is one year or two years after the underlying cause of action. Therefore, when the lawsuit is completed in the U.S., the statute of limitations in the offshore jurisdiction will usually have expired. The lawsuit, therefore, could no longer be successfully pursued in the Cook Islands after that time. As a result, there are exceedingly few trust lawsuits pursued in the Cook Islands. Moreover even if the lawsuit is brought before the clock runs out, the opponent must prove that your sole intent for creating the trust was to defraud that particular creditor. To top it off, the proof must be beyond the shadow of a reasonable doubt, a very high legal hurdle.

Keeping it Secure

One of the best asset protection strategies combines the Nevis LLC and a foreign trust such as one in the Cook Islands. Assets, such as offshore bank accounts, can be held by the Nevis LLC. All of the membership interest (ownership of the LLC) is given to the foreign trust. A U.S. resident, such as the one having the legal tools created, can be the manager of the Nevis LLC. The manager has all legal control over the LLC and signature authority over the bank accounts. When properly structured and properly operated, assets are protected from seizure by judgment creditors. It is possible, in this case, for a U.S. resident to control all of the assets, have full access to them, and yet own none of them.

When the “bad thing” happens, you temporarily have the licensed, bonded trustee step in as manager of the LLC and manage your accounts. Now the trustee will do for you for which you have paid: protect your assets. This way, the only time the trustee steps in on your behalf is when you assets would be taken by the court. When the “bad thing” goes away you are restored as manager of the LLC.

The offshore trust is best suited for offshore bank and brokerage accounts. U.S. courts have jurisdiction over U.S. real estate. The domestic courts can demand seizure of such assets. Titles for domestic real estate can be held in the Nevis LLC that is owned by the trust, but should be liquidated and funds moved offshore in the event of legal duress. Thus, it is best to keep the assets out of reach of the domestic courts.

The trustee is licensed, meaning they went through intensive background checks before a license was granted. The trustee is bonded, meaning funds managed by the trustee are insured. Moreover, the trustee company we utilize is over 30 years old. Again, with most asset protection trusts, the only event in which the trustee steps in on your behalf is when your funds are threatened by the courts. So the main two alternatives in such an event are as follows: 100% chance of funds being seized by the courts vs. accounts being protected by a licensed, bonded trustee that has faithfully protected client funds for over 30 years.

Comparison of Offshore Trusts Jurisdictions Wealth Protection: Specific Provisions Bahamas Belize Bermuda Cayman Islands Cooks Islands Gibraltar Jersey Turk & Caicos PROTECTION OF SETTLOR: Settlor can be a Beneficiary yes yes yes   yes   yes   Retention of control by Settlor   yes     yes       Protection from subsequent bankruptcy         yes yes   yes PROTECTION OF BENEFICIARY: Spendthrift beneficiaries provisions   yes     yes   yes   Avoidance of forced heirship yes yes   yes yes     yes PROTECTION FROM FOREIGN JUDGEMENTS: Specific non-recognition provisions         yes       Is the Hague Convention applicable? no       no     no PROTECTION FROM CREDITORS: Exclusion of Statute of Elizabeth laws yes     yes yes yes     Trust invalid if transfer fraudulent         no no     Creditor must prove fraudulent transfer yes     yes yes     yes Clear definition of fraudulent transfer         yes       Separation of creditor claims yes     yes yes yes   yes Statutory limitation on fraudulent transfer yes (2 yrs)   yes (6 yrs) yes (6 yrs) yes (1 yr)       OTHER ISSUES: Retroactive protection for immigrant trusts         yes       Community property provisions         yes       Specific exclusion of foreign law yes   yes yes yes       Choice of law is binding yes yes   yes yes yes yes yes Custodian trustee permitted         yes

Call us for more information or to establish a Cook Islands Trust, Nevis LLC and offshore account.

Call us toll free at 800-830-1055. International callers may call 661-253-3303