Trusts and Estates

Ca. Trs. & Estates Quarterly 2018, Volume 24, Issue 4

DOMESTICATING FOREIGN TRUSTS: THE TRUST, TAX, AND ETHICAL CONSIDERATIONS IN BRINGING FOREIGN TRUSTS HOME

By Brian P. Tsu, Esq.*

I. INTRODUCTION

A. Scope

Trust domestication is the process by which the situs of a foreign trust is moved from a foreign jurisdiction to the United States. This article identifies reasons for domesticating a foreign trust from the perspective of a U.S. beneficiary or settlor.1 In addition, this article examines the trust, tax, and ethical considerations and, where possible, offers potential solutions to problems encountered in a trust domestication. Although relevant to a trust domestication, this article will not examine the local laws of a foreign trust and instead will focus on the U.S. legal aspects of the transaction.

Join CLA to access this page

Join

Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment