Lionel Smith has made available for download his article, “Give the People What They Want? The Onshoring of the Offshore,” published in the Iowa Law Review, Vol. 103, 2018. The Abstract is as follows:
The author argues that US law is in danger of undermining its own coherence in the pursuit of competition for trust business with offshore jurisdictions. This has happened partly due to a desire to allow those who create trusts to do whatever they wish. But US law, like other common law systems, has always imposed certain limits on freedom of choice in trust law; properly understood, those limits exist in order to protect a range of values that are just as important as settlors’ freedom of choice. Losing sight of the importance of these limits threatens the integrity of the legal order.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.