STEP: A Practical Guide to the Transfer of Trusteeships 2nd ed

This book, first published in 2007, reviews the difficulties that arise on the transfer of trusteeships, particularly in respect of the negotiation of indemnities, and sets out a suggested approach for STEP members and other advisers.

The core section deals with trusts governed by English law, and jurisdictional chapters explain the differences under local law for trusts governed by the laws of The Bahamas, the British Virgin Islands, Bermuda, the Cayman Islands, Guernsey, Hong Kong, the Isle of Man, Jersey, New Zealand and Singapore.

The U.S. commentary discusses general principles involved in the transfer of trusteeships of U.S. trusts, describing general tendencies among states, with a particular focus on the trusteeship laws of the State of New York

This book continues to receive positive comment and a number of practitioners report that the material on indemnities in particular is regularly cited by trust companies and their advisers when negotiating deeds of retirement and appointment of trustees.

In this 2nd edition of the book, there have not been any changes to the approach taken to indemnities or to the structure of the precedents. The materials on New Zealand law trusts and United States trusts, previously published as separate supplements to the 1st edition, are now included.

The law is stated as at February 2011 and reflects in particular the changes effected under the Trusts (Guernsey) Law, 2007 including the the introduction of the statutory non-possessory lien in Guernsey. A table of references is now included, listing the statutes and cases for ease of reference.

Contents Overview:-

• The statutory framework for the transfer of trusteeships, summarising the various statutory provisions for retirement, appointment, removal and discharge, and the exercise of express powers conferred by the trust instrument
• An explanation of the rights comprised in the trustees’ lien
• Indemnities, explaining the rationale for indemnities and different approaches that may be taken
• The review of trust documents by an incoming trustee, explaining which documents should be made available for inspection, and the handling of confidentiality
• The handling of the transfer in contentious cases
• A detailed commentary on the drafting of deeds of retirement and appointment of trustees
• Model deeds of appointment and retirement (or removal) of trustees, with standardised indemnities put forward for use by STEP members in those cases where it is considered that reliance on the trustees’ lien does not provide sufficient protection for liabilities, such that a chain of covenants may be necessary