The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.

A comprehensive guide to living trusts, with expert financial and legal guidance The Living Trust Advisor is an expert guide for both advisors and their clients on the complex process of establishing, living with, and maintaining a living trust. Written by renowned family inheritance attorney Jeffrey L. Condon, this book discusses the various aspects of this important document, and shows you how to manage a seamless transfer of assets to various beneficiaries. This new second edition has been fully updated and revised to reflect the extensive changes to the Estate Tax Law that have taken place since the initial publication, giving you the most up-to-date information and guidance on preserving your wealth and helping your heirs avoid estate tax liability. You'll develop a vision for your trust before you ever meet with an attorney or other key players, and learn how to establish and maintain a trust that remains rock-solid for your lifetime and beyond. As the living trust has replaced the will as the primary means of settling after-death estates, clear guidance and current legal information is of utmost importance for advisors and clients alike. This book is a valuable resource for every stage of planning and execution, helping you ensure that you provide for your beneficiaries the way you intend. Know what to think about before your first meeting with a lawyer Establish and manage your living trust to carry out your wishes Identify potential inheritance problems and build solutions into the trust Distribute assets to future generations, and protect them after the transfer Dealing with complex financial and legal issues while facing our own mortality is a difficult task, but making these decisions is critical to the future outcome of your estate. The Living Trust Advisor expertly guides you through the process so you can be confident that your wishes will be carried out.

The objective of this book is to report on contemporary trends in the defence research community on trust in teams, including inter- and intra-team trust, multi-agency trust and coalition trust. The book also considers trust in information and automation, taking a systems view of humans as agents in a multi-agent, socio-technical, community. The different types of trust are usually found to share many of the same emotive, behavioural, cognitive and social constructs, but differ in the degree of importance associated with each of them. Trust in Military Teams is written by defence scientists from the USA, Canada, Australia and the UK, under the auspices of The Transfer Cooperation Programme. It is representative of the latest thinking on trust in teams, and is written for defence researchers, postgraduate students, academics and practitioners in the human factors community.

Avoid Market Loss with Trust Deed Investing provides an alternate investment media to investors, that are disillusioned by the present unstable stock market. It provides detailed information on how to put money to work in a relatively safe investment with a high return. By using the guides presented, double-digit returns with security can be achieved. Investors can do this by using Trust Deeds, secured by a borrower's house, apartment building, or other real estate property. Additionally, the investor doesn't have to be a resident of the state where the real estate security is located. In this book are the methods for evaluating Trust Deeds, avoiding dangerous loans, expected interest rates, problems to expect and how to minimize their impact, as well as other procedures that should be followed to ensure a safe return. This book has been written specifically for investing in Trust Deeds in California. It can be applied to other states that use Trust Deeds. The basic principles can be applied to those states that use mortgages.

Proven methodologies to enhance business value by exploiting the latest global technology trends and best business and IT practices There is no doubt that a tidal wave of change is hitting the area of business technology; new business models are forming around the cloud, new insights on how an enterprise runs is being aided by mining massive transactional and operational data sets. Decision-making is becoming almost prescient through new classes of data visualization, data analytics, and dashboards. Despite the promise of technologies to make a difference, or perhaps because of it, IT organizations face continued challenges in realizing partnerships and trust with their business partners. While many books take on elements of these emerging developments or address the stubborn barriers to "real" partnership, none make the practices involved fit together in a highly effective fashion - until now. Strategic IT Management in Turbulent Times reveals how this framework ensures that organizations make the right strategic decisions to succeed in times of turbulence and change. Draws together authors with global experience including the Americas, Europe, Pacific Rim, and Africa Offers a comprehensive framework for IT and business managers to maximize the value IT brings to business Addresses the effects of turbulence on business and IT Focuses on developing partnerships and trust with business With practical examples and implementation guidance based on proven techniques developed by the authors over the past twenty years, Strategic IT Management in Turbulent Times considers the challenges facing today's enterprise, IT's critical role in value creation, and the practical road map for achieving strategic IT management competencies.

This is a difficult time to be a leader. The majority of employees are disengaged, their discretionary efforts tamed, passions for work fleeting, and ideas tethered. None of this needs to stop you. You can create a workplace where engagement, passion, and great work thrives. If you’re someone’s boss, whatever your level or role, you can use these trust essentials to: Create your own Trust, Inc.—a thriving pocket where engagement and results flourish Be a trusted leader people work with, for, and around—with passion and enthusiasm Enhance your leadership future using “what-does-it-look-like?” approaches and “how-does-it-happen?” tips, exercises, and insights Don’t let what you can’t do affect what you can. Trust, Inc. gives you real-world ways to create, nurture, and sustain authentic trust in your work group.

Social trust is a crucial issue to many aspects of modern society. Policy makers continually aspire to winning it and corporations frequently run the risk of losing it. The 'trust deficit' raises vital questions and problems to which until recently there have been few answers or solutions. Experts from both sides of the Atlantic explore the importance for trust of various influences, from individual perceptions to organizational systems, and consider the conditions involved in building or undermining trust. Several authors examine practical hazard management issues, including medical vaccination programmes and popular participation in pollution control and waste management as strategies for enhancing social trust. This book provides insightful analysis for researchers and students of environmental and social sciences and is essential reading for those engaged in risk management in both the public and private sectors.

Is transparency a necessary condition to build and restore citizen and civil society trust in governance and democracy? Throughout Europe, there is a growing demand for effective forms of citizen engagement and decentralisation in policy-making to increase trust and engage increasingly diverse populations. This volume addresses the relationship between trust and transparency in the context of multi-level governance. Drawing on fieldwork from the UK, France and Germany, this comparative analysis examines different efforts to build trust between key actors involved in decision-making at the sub-national level. It outlines the challenges of delivering this agenda and explores the paradox that trust might require transparency, yet in some instances transparency may undermine trust.

Learn how simple it is to create your own probate-avoiding, tax-saving living trust without the expense and double-talk of a lawyer. Find out: Why a living trust is better than a will, how to quickly and easily transfer assets into your trust, how married couples can double their estate tax exemption, the best way to name a gardian for your underage children, how to protect yourself and your assets in the case of physical or mental incapacity, how to assign financial and health care powers of attorney, and more.