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 |
Jurisdiction : Alaska
Settlor (Grantor) can be a beneficiary? : Yes.
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? :
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer?
Yes. Burden of proof is clear and convincing evidence.Clear definition of fraudulent transfer?
Yes.Statute of Limitations?
“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.”
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Delaware
Settlor (Grantor) can be a beneficiary? : Yes.
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? :
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer?
Yes. Burden of proof is clear and convincing evidence.Clear definition of fraudulent transfer?
Yes.Statute of Limitations?
“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”
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Hawaii
Settlor (Grantor) can be a beneficiary? : Yes.
Retention of control by settlor? : 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, admin. expenses, and estate/ inheritance taxes.
Spendthrift beneficiary provisions? :
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer?
Yes. Creditor has burden to show actual fraudulent intent through deliberation of evidence.Clear definition of fraudulent transfer?
YesStatute of Limitations? Claims must arise before the transfer is made and be brought within two years.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Michigan
Settlor (Grantor) can be a beneficiary? : Yes.
Retention of control by settlor? :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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Michigan does not recognize forced heirship.
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes
Statute of Limitations? “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.”
Exemptions for Specific Creditors e.g. child support, alimony? : Yes.
Jurisdiction : Mississippi
Settlor (Grantor) can be a beneficiary? : Yes.
Retention of control by settlor? :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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes
Clear definition of fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Statute of Limitations? “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.”
Exemptions for Specific Creditors e.g. child support, alimony? : Yes.
Jurisdiction : Missouri
Settlor (Grantor) can be a beneficiary? : Yes.
Settlor may retain a testamentary limited power of appointment. Settlor may serve as trustee without negating spendthrift protection. : Yes
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : No
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes
Clear definition of fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : Yes.
Jurisdiction : Nevada
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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).
Spendthrift beneficiary provisions? : No
Avoids forced heirship? : Nevada does not recognize forced heirship.
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence. Clear definition of fraudulent transfer? Yes
Statute of Limitations? “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.”
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : New Hampshire
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : New Hampshire does not place any limitations on powers the settlor may retain.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes
Clear definition of fraudulent transfer? Yes
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Ohio
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes
Statute of Limitations? “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.”
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Oklahoma
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : Settlor may revoke or amend revocable trusts
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : No
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Rhode Island
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : Settlor may retain the power to veto distributions; and the special testamentary power of appointment.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : No
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : South Dakota
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.”
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Tennessee
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Utah
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : No
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes.
Clear definition of fraudulent transfer? No.
Statute of Limitations? 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
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Virginia
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : Settlor may retain a testamentary special power of appointment and a right to remove a trustee and to appoint a new trustee.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : No
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : West Virginia
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : No
Avoids forced heirship? : Forced heirship does not exist under West Virginia law.
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is clear and convincing evidence.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : Yes
Jurisdiction : Bahamas
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is beyond a reasonable doubt.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? A two (2) year statute of limitations is placed on the commencement of any action related to a fraudulent transfer.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Belize
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Yes. Burden of proof is beyond a reasonable doubt.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Bermuda
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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 admin. 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is beyond a reasonable doubt.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Cayman Islands
Settlor (Grantor) can be a beneficiary? : No
Retention of control by settlor? : 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 admin., and power to require the trustee to obtain consent before exercising a power.
Spendthrift beneficiary provisions? : No
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is beyond a reasonable doubt.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Cook Islands
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is beyond a reasonable doubt.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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).
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Gibraltar
Settlor (Grantor) can be a beneficiary? : No
Retention of control by settlor? : Yes
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? N/A
Clear definition of fraudulent transfer? N/A
Statute of Limitations? 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.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Guernsey
Settlor (Grantor) can be a beneficiary? : No
Retention of control by settlor? : Settlor may retain the power to revoke or vary a trust, appoint trust assets, appoint / remove beneficiaries or control trust assets.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? The statute of limitations on fraudulent transfer in Guernsey is 6 years.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Jersey
Settlor (Grantor) can be a beneficiary? : No
Retention of control by settlor? : Settlor may retain the power to revoke or vary a trust, appoint trust assets, appoint / remove beneficiaries or control trust assets.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? The statute of limitations on fraudulent transfer in Jersey is 6 years.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Liechtenstein
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : The settlor is not entitled to any admin. or control rights and a permanent influence of the settlor on the trustee(s) is precluded.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? The statute of limitations for fraudulent conveyance in Liechtenstein is 5 years.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Nevis
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Burden of proof is beyond a reasonable doubt.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? 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 one year 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 one year 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.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Switzerland
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : The settlor is not entitled to any admin. or control rights and a permanent influence of the settlor on the trustee(s) is precluded.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes.
Clear definition of fraudulent transfer? Yes.
Statute of Limitations? The statute of limitations for fraudulent conveyance in Switzerland is 10 years.
Exemptions for Specific Creditors e.g. child support, alimony? : No
Jurisdiction : Turks & Caicos
Settlor (Grantor) can be a beneficiary? : Yes
Retention of control by settlor? : 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 admin. 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.
Spendthrift beneficiary provisions? : Yes
Avoids forced heirship? : Yes
Fraudulent Transfer : Creditor must prove fraudulent transfer? Yes. Creditor must prove that the creditor was insolvent at the time of transfer.
Clear definition of fraudulent transfer? No.
Statute of Limitations? The statute of limitations on fraudulent transfer in Turks and Caicos is 6 years.
Exemptions for Specific Creditors e.g. child support, alimony? : No
