Changing A Trust’s Governing Law To Cope With Unavoidable Change

Despite the fact that they are so common as to be practically universal in trusts settled under the laws of one or another of the English common law-based offshore financial centres, there is relatively little learning in decided cases on the efficacy of provisions for a voluntary change of governing law of the trust. The emphasis here is on such changes rather than a compulsory or automatic change under a so-called “flee” clause, with which such provisions are normally included in a modern offshore trust.

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