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Trust Protector

Tey Tsun Hang

(2008) 20 SAcLJ 99

Abstract:
In recent years, the concept of trust protector has enjoyed phenomenal success in the offshore jurisdictions. This article analyses the different conceptions of the office of trust protector from the perspectives of different jurisdictions, before delving into the nature and extent of the duties owed by trust protector, and the extent of the courts’ control over trust protector. This article also touches upon the serious concerns about the use of trust protector, explores its operation and relationship with the traditional parties in a trust, before arguing for a cautious approach towards admitting the concept of trust protector into onshore jurisdictions via statutory means.