The Development, Use, and Misuse of the Trust Protector and its Role in Trust Law and Practice

Alexander A. Jr. Bove

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The recent development and use of the position of Trust Protector in modern day trusts has revolutionized the drafting of trusts. ...

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The recent development and use of the position of Trust Protector in modern day trusts has revolutionized the drafting of trusts. This work discusses every aspect of the position of Trust Protector, from its inception to the many reasons for its popularity. The discussion reviews and analyzes all the relevant major cases in the common law courts, as well as the confusing statutory treatment of the position in various common law jurisdictions. There is also a discussion of the role of the protector in a private, noncharitable foundation (e.g., a Stiftung). The book encompasses the protector's rights and duties, and the trustee's corresponding rights and duties when the trust involves a Trust Protector.