Asset Protection Trust Comparison Chart - Domestic and Offshore

Asset Protection Trust Comparison Chart for Domestic and Offshore

Asset Protection Trust
The following chart compares various features of domestic and offshore trusts in thirty of the world’s most popular trust jurisdictions. Trusts are one of the most valuable tools for asset protection worldwide. The definition of an asset protection trust is one which protects the assets of the settlor(s), and whom can also be beneficiary(ies). Several states in the United States have established trust laws. Trusts based in the United States are known as domestic trusts. There are also foreign jurisdictions which offer trusts. These trusts are referred to as offshore trusts.

Domestic States

Offshore Countries

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Alaska
Alaska flag
Yes.Settlor may retain power to veto distributions, non-general lifetime and testamentary powers of appointment, right to appoint and remove trustees, trust protector, and advisors, and right to serve as a co-trustee or advisor.Yes.Yes.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors: Four years following transfer. One year after transfer was or may have reasonably have been discovered. Discovery exception applies for the existing creditors they: I. prove that the creditor had made a specific claim against the settlor before the transfer; or II. within four years after the transfer file another action against the settlor that asserts a claim based on an act or omission of the settlor that occurred before the transfer.
Forthcoming creditors: Four years following the transfer.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Delaware
Delaware flag
Yes.Settlor may retain the power to veto distributions, non-general lifetime and testamentary powers of appointment, power to replace trustee/ advisor, and power to reacquire trust assets in non fiduciary capacity.Yes.Yes.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors: Four years after transfer. One year after transfer was or could reasonably have been discovered if claim based upon intent to hinder, delay or defraud. Four years after transfer if constructive fraud is the basis for claim.
Forthcoming creditors: Four years following transfer

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Hawaii
Hawaii flag
Yes.Settlor retains veto power over distributions, non-general testamentary power of appointment, power to remove and replace trustees and advisors, testamentary power of appointment for debts, administration expenses, and estate/ inheritance taxes.Yes.Yes.Yes. Creditor has burden to show actual fraudulent intent through deliberation of evidence.Yes.No.Claims must arise before the transfer is made and be brought within two years.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Michigan
Michigan flag
Yes.Settlor may retain the power to direct investment decisions, power to veto distributions, special power of appointment effective upon death, remove and appoint trustees and advisors.Yes.Michigan does not recognize forced heirship.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing Creditors:
Two year after transfers. One year after transfer was or could have been discovered if the existence of the claim or the identity of any person responsible was fraudulently concealed. Forthcoming Creditors: Two years after transfers.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Mississippi
Mississippi flag
Yes.Settlor may retain the power to veto distributions, non-general testamentary power of appointment, power to replace trustee/ advisor with non-related/non-subordinate party, and the power to serve as an investment advisor.Yes.Yes.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors: Two years after transfer, or six months after transfer was or could reasonably have been discovered if claim based upon intent to hinder, delay or defraud with actual intent to defraud the creditor.
Forthcoming creditors: Two years after transfer if claim based upon intent to hinder, delay or defraud with actual intent to defraud the creditor.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Missouri
Missouri Flag
Yes.Settlor may retain
a testamentary limited power of appointment. Settlor may serve as trustee without negating spendthrift protection.
Yes.No.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors and forthcoming creditors: Four years after transfer, or one year after transfer was or could reasonably have been discovered if claim based upon intent to hinder, delay or defraud. Four years after transfer if claim based upon constructive fraud.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Nevada
Nevada flag
Yes.Settlor may retain veto power over distributions, a limited lifetime or testamentary power of appointment.They may also retain the power to remove and replace a trustee, direct trust investments, and “other management powers” (except for the power to make distributions without the consent of another person).No.Nevada does not recognize forced heirship.Yes. Burden of proof is clear and convincing evidence.Yes.No.Pre-existing creditors:
Two years after transfer. Six months after transfer was or could reasonably have been discovered if claim based upon intent to hinder, delay or defraud, rather than constructive fraud. A transfer is deemed discovered when reflected in a public record. Forthcoming creditors:
Two years following transfer.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
New Hampshire
New Hampshire flag
Yes.New Hampshire does not place any limitations on powers the settlor may retain.Yes.Yes.Yes.Yes.Yes.In New Hampshire, a creditor or assignee cannot commence a judicial proceeding with respect to transfer of property to the trust after the later of four years after the transfer is made. If the creditor or assignee is a creditor or assignee of the settlor when the transfer is made, the statute of limitations is one year after the creditor or assignee discovers or reasonably should have discovered the transfer.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Ohio
Ohio flag
Yes.Settlor may retain the power to veto distribution, the power to annually invade trust principal up to 5%, the non-general power of lifetime or testamentary appointment, and the power to remove and replace a trustee or advisor.Yes.Yes.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors:
Later of 18 months after qualified disposition or
6 months after qualified disposition was or could have been discovered, with the limitation that the creditor must make demand on its claim within 3 years after the qualified disposition. The maximum combination of the 3-year demand limitation and the 6-month filing limitation provide an absolute
3.5 year bar. Forthcoming creditors:
18 months after qualified disposition.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Oklahoma
Oklahoma flag
Yes.Settlor may revoke or amend revocable trustsYes.No.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors and forthcoming creditors: Four years after transfer. One year after transfer was or could reasonably have been discovered if claim based upon intent to hinder, delay or defraud. Four years after transfer if constructive fraud was the basis of the claim.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Rhode Island
Rhode Island flag
Yes.Settlor may retain the power to veto distributions; and the special testamentary power of appointment.Yes.No.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors: Four years after transfer. One year after transfer was or could reasonably have been discovered if claim based upon intent to hinder, delay or defraud. Four years after transfer if constructive fraud was the basis of the claim.
Forthcoming creditors: Four years after transfer.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
South Dakota
South Dakota flag
Yes.Settlor may retain the power to veto distributions, the lifetime non-general power of appointment, the testamentary power of appointment (general or non-general), the power to remove
and replace trustee/advisor with anybody, except that a trustee must not be related or subordinate, and the power to serve as investment trust advisor.
Yes.Yes.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors: Two years after transfer. Six months after transfer was or could reasonably have been discovered if creditor asserted specific claim before transfer; or if creditor files another action within two years that asserts claim before transfer.
Forthcoming creditors:
Two years after transfer.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Tennessee
Tennessee flag
Yes.Settlor may retain the power to veto distributions,
the non-general power of lifetime or testamentary appointment, the power to replace trustee/advisor with non-related/ non-subordinate party, and the power to serve as an investment advisor.
Yes.Yes.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.Pre-existing creditors: Two years after transfer. Six months after transfer was or could reasonably have been discovered if claim based upon intent to hinder, delay or defraud. Two years after transfer if constructive fraud was the basis of the claim. Forthcoming creditors: Two years after transfer.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Utah
Utah flag
Yes.Settlor may retain the power to veto distributions, testamentary special power of appointment, the power to appoint non-subordinate advisors/ protectors, the right to serve as investment advisor, the right to receive principal of trust subject to ascertainable standard, and the right to use real or personal property of trust.Yes.No.Yes.No.Yes.Pre-existing creditors:
120 days after notice to known or unknown creditors of settlor of transfer to trust. Without notice then two years after transfer, or one year after transfer was or could reasonably have been discovered.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Virginia
Virginia flag
Yes.Settlor may retain a testamentary special power of appointment and a right to remove a trustee and to appoint a new trustee.Yes.No.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.In Virginia, the statute of limitations is within five years from recordation of transfer. If not recorded, within five years from the time the transfer was or should have been discovered.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
West Virginia
West Virginia flag
Yes.Settlor may retain a testamentary special power of appointment, exercisable by will or lifetime instrument, a right to remove a trustee and to appoint a new trustee, a right to receive income or principal pursuant to an ascertainable standard, and a right to receive each year from the trust a percentage of principal, up to 5%, as specified in the trust instrument.No.Forced heirship does not exist under West Virginia law.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.West Virginia provides a statute of repose and not a statute of limitations. Actions are barred four years after the transfer. This is the case regardless of discovery of the transfer or accrual of a cause of action.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Wyoming
Wyoming flag
Yes.Settlor may retain the power to veto distributions, inter vivos or testamentary general or limited power of appointment, the power to add or remove a trustee, trust protector, or trust advisor, and the power to serve as an investment advisor.No.No.Yes. Burden of proof is clear and convincing evidence.Yes.Yes.The statute of limitations in Wyoming is four years after the transfer was made or the obligation was incurred.
If the transfer was made with actual intent to hinder, delay, or defraud any creditor, one year after the transfer could reasonably have been discovered, if later.

Offshore Asset Protection Trusts

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors ie. child support, alimony?Statutory limitation on fraudulent transfer?

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Bahamas
Bahamas Flag
Yes.Settlor may retain powers of revocation, powers of appointment over any part of the trust property, powers of amendment, powers of addition or removal of trustees, protectors,
or beneficiaries; and powers to direct the trustee in connection with the exercise of any of their powers or discretions.
Yes.Yes.Yes. Burden of proof is beyond a reasonable doubt.Yes.No.A 2 year statute of limitations is placed on the commencement of any action related to a fraudulent transfer.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Belize
Belize flag
Yes.Settlor may retain a power of revocation of the trust, a power of disposition over trust property, a power to amend the trust deed, and any interest in the trust property.Yes.Yes.Yes. Burden of proof is beyond a reasonable doubt.Yes.No.No vesting period means that assets moved into a Belize trust are automatically protected from creditor threats. This means that there is no statute of limitations for creditors to file a fraudulent transfer action.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Bermuda
Bermuda Flag
Yes.Settlor may retain a power to revoke the trust in whole or in part, a power to vary or amend the terms of a trust instrument or any of the trusts, purposes or powers arising thereunder in whole or in part, a power to decide on or give directions to advance, appoint, pay, apply, distribute or transfer the trust property, a power to act as, or give directions as to the appointment or removal of directors or officers of companies owned by the trust, or to direct the trustees how to exercise voting rights with respect to the shares of such companies, a power to give directions in connection with investments or the exercise of any powers or rights arising from such trust property, a power to appoint, add, remove or replace any trustee, protector, enforcer or other office holder or advisor, a power to add, remove or exclude any beneficiary, class of beneficiaries or purpose, a power to change the governing law and the forum for administration of the trust, and a power to restrict the exercise of any powers, discretions or functions of a trustee by
requiring that they shall only be exercisable with the consent, or at the direction, of a person or the persons specified in the trust instrument.
Yes.Yes.Yes.Yes.No.In the case of an eligible creditor, within 6 years after the material date or within 6 years after the date when the obligation became owed, whichever is the later date.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Cayman Islands
Cayman Islands flag
No.Settlor may retain power to revoke, vary or amend the trust instrument;
power of appointment of income or capital, any limited beneficial interest in the trust property, power to act as a director or officer of any company owned by the trust, power to give the trustee binding directions in relation to the investment of the trust property, power to appoint, add or remove any trustee, protector or beneficiary, power to change the governing law and forum for administration, and power to require the trustee to obtain consent before exercising a power.
No.Yes.Yes. Burden of proof is beyond a reasonable doubt.Yes.No.There is a limitation period of six years after the transfer which prevents any action being taken to set aside the transfer after that time.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Cook Islands
Cook Islands flag
Yes.Settlor may retain
the power to revoke the trust, the power to amend the trust, any benefit, interest or property from the trust, the power to remove or appoint a trustee or protector, and
the power to direct a trustee or protector on any matter.
Yes.Yes.Yes. Burden of proof is beyond a reasonable doubt.Yes.No.The Cook Islands trust has a one-year statute of limitations on fraudulent transfer. The statute of limitations is two years from the cause-of-action, which is the reason why the lawsuit was filed).

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Gibraltar
Gibraltar flag
No.Yes.Yes.Yes.N/AN/ANo.As they were created under bankruptcy legislation, Gibraltar trusts are automatically protected from creditor threats. This means that there is no statute of limitations for creditors to file a fraudulent transfer action.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Guernsey
Guernsey flag
No.Settlor may retain the power to revoke or vary a trust, appoint trust assets, appoint/remove beneficiaries or control trust assets.Yes.Yes.Yes.Yes.No.The statute of limitations on fraudulent transfer in Guernsey is 6 years.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Jersey
Jersey flag
No.Settlor may retain the power to revoke or vary a trust, appoint trust assets, appoint/remove beneficiaries or control trust assets.Yes.Yes.Yes.Yes.No.The statute of limitations on fraudulent transfer in Jersey is 6 years.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Liechtenstein
Liechtenstein flag
Yes.The settlor is not entitled to any administrative or control rights and a permanent influence of the settlor on the trustee(s) is precluded.Yes.Yes.Yes.Yes.No.The statute of limitations for fraudulent conveyance in Liechtenstein is 5 years.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Nevis
Nevis flag
Yes.Settlor may retain the power to revoke the trust,
the power to amend the trust,
any benefit, interest or property from the trust,
the power to remove or appoint a trustee or protector, and
the power to direct a trustee or protector on any matter.
Yes.Yes.Yes. Burden of proof is beyond a reasonable doubt.Yes.No.With a Nevis asset protection trust, a transfer to a trust is not fraudulent if settled, established or the disposition occurs after the expiration of two years from the date such creditor’s cause of action accrued. Furthermore, a transfer to a trust is not fraudulent if settled, established or a disposition occurs before the expiration of two years from the date that a creditor’s cause of action accrued and that creditor fails to commence such action before the expiration of one year from the date that such settlement, establishment or disposition occurs.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Switzerland
Switzerland flag
Yes.The settlor is not entitled to any administrative or control rights and a permanent influence of the settlor on the trustee(s) is precluded.Yes.Yes.Yes.Yes.No.The statute of limitations for fraudulent conveyance in Switzerland is 10 years.

JurisdictionSettlor (Grantor) can be a beneficiary?Retention of control by settlor?Spendthrift beneficiary provisions?Avoidance of forced heirship?Creditor must prove fraudulent transfer?Clear definition of fraudulent transfer? Exemptions for Specific Creditors e.g.. child support, alimony?Statutory limitation on fraudulent transfer?
Turks & Caicos
Turks Caicos Flag
Yes.Settlor may retain the power to revoke, vary or amend the terms of the trust or any trusts or powers arising under it, in whole or in part,
the power to advance, appoint, pay or apply income or capital of the trust property or to give directions for the making of such advancement, appointment, payment or application, the
power to act as a director or officer of any corporation wholly or partly owned by the trust, the power to give binding directions to the trustee in connection with the purchase, holding, sale, lending or charging of the trust property, the power to appoint or remove any trustee, enforcer, protector or beneficiary, or any other person who holds a power, discretion or right in connection with the trust or in relation to trust property, and the power to appoint or remove an investment manager or investment adviser, the power to change the proper law of the trust or the forum for the administration of the trust, the power to restrict the exercise of any powers or discretions of a trustee by requiring that they shall only be exercisable with the consent of the settlor or any other person specified in the terms of the trust, and the right a limited beneficial interest in the trust property.
Yes.Yes.Yes. Creditor must prove that the creditor was insolvent at the time of transfer.Yes.No.The statute of limitations on fraudulent transfer in Turks and Caicos is 6 years.

Trust Jurisdictions