Offshore Trusts Report: Turks & Caicos
Islands
The Voidable Dispositions Ordinance
In the absence of a term to the contrary Turks and Caicos Islands
law provides that the law of any other jurisdiction with which the
trust or any disposition made thereunder may otherwise be connected
is to be excluded. The courts of the Turks and Caicos Islands consider
they have jurisdiction over a trust in any one of the following
circumstances: where the trustees reside on the Islands, where the
trust property is situate on the Islands, where the trusts are administered
from the Islands, and where the trust was set up under Turks and
Caicos Islands law.
A "disposition" is the transfer of assets
into a trust by a settlor. Creditors who have a claim against a
settlor may wish to set aside the "disposition" and use
the proceeds realised to satisfy their claim.
The provisions of the Voidable Dispositions Ordinance
1998 sharply circumscribe the circumstances in which a "disposition"
can be set aside by a creditor, and so make the Turks and Caicos
Islands that much more attractive a jurisdiction into which to settle
a trust.
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