Podcast Location:
Download it here [file size: 33.8 MB]
Categories:
Charities
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at lawyers interested in trusts, perhaps with an offshore element, or are interested to know about the office of ‘protector’. It aims to set out the key features of the office of protector, how it may be different from a trustee, whether a protector is bound by fiduciary obligations and if so to what extent. It aims to explore the court’s jurisdiction over protectors, whether they can be paid and how they might be removed.

Outcomes:
After completing the course you will:
  • Know what a protector is;
  • Know the key functions of a protector;
  • Know what sorts of trusts call for the installation of a protector to oversee the trust;
  • Understand the nature of the protector’s office; and whether he a fiduciary;
  • Know the common powers given to a protector;
  • Be aware of the factors in telling whether powers are fiduciary or personal in nature;
  • Know to what extent the law places limits on the protector’s powers;
  • Know to what extent a protector is entitled to receive payment for their work;
  • Understand what powers the courts have over protectors;
  • Know whether it is possible to remove or replace a protector.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Sources and References:
  • Re Internine Trust [2005] JLR 236;
  • Re Z Trust [1997] CILR 248;
  • Re Grimthorpe [1958] Ch 615;
  • Rawson Trust v Perlman [1990] 1 BOCM 135;
  • Re the Settlements made between X and Charles Richard Blampied and Abacus (CI) Limited (28/1/1994) Jersey Royal Court;
  • Re Centre Trustees (CI) Limited [2009] JRC 133.
Tags:

This podcast explores the office of protector in the context of offshore private trusts. It discusses the nature of the protector’s office, their powers and the key legal restrictions on their powers and rights imposed by law and the governing trust documents.

Podcast added: 07/03/12

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