Offshore Asset Protection Trust

By: | Posted: 31st March 2010

Offshore Asset Protection Trust's [OAPT] are effective barriers against creditor's claims because the laws of certain offshore trust havens make it much more difficult for creditors to obtain jurisdiction over, or to levy against, a OAPT, even if the settlor retains an interest in the trust income or property. Such barriers almost always results in a negotiated settlement, and sometimes produce early and inexpensive settlements.

A clear advantage of OAPT's is the fact that in certain foreign jurisdictions, local law specifically prohibits the enforcement of foreign judgments that are inconsistent with their law. Such impediments do not exist in the case of domestic asset protection trusts.

However, a person desiring to protect assets must take a reasonably moderate approach, rather than attempt to protect all assets. That is, to set aside in an asset protection structure only those assets which, if they were taken in a lawsuit, would materially change their lifestyle.

On a scale of 0 to 10 [10 being the best], when properly drafted and structured an OAPT would rate about a 9 for asset protection purposes.

Overall, the advantages of a properly drafted and operated OAPT over other asset protection structures include:

1. OAPT's are governed by the laws of the offshore jurisdiction;

2. Narrow definitions of what may constitute a fraudulent transfer;

3. Very short limitations period in which a creditor may bring a claim;

4. Very high burden of proof required to prove a fraudulent transfer claim;

5. The refusal of the OAPT country to recognize a U.S. judgment that is inconsistent with the OAPT jurisdiction law;

6. The inability of U.S. courts to obtain jurisdiction over an OAPT trustee;

7. Contingency fees are prohibited in certain offshore jurisdictions; and

8. The daunting effect when trial attorneys realize that they will need to employ a large U.S. law firm as well as an offshore law firm to even begin any action against the OAPT.

For maximum effectiveness, it is essential that the transfers to the OAPT structure be made at a time when your financial seas are calm, as one may NOT make transfers to defraud their present or known future creditors.

For information about how to get offshore asset protection trust for you, please visit

Professional Asset Protection Services have 34 years of experience drafting effective financial and asset planning documents. They use their experience to ensure that you are well protected in any of your financial investments around the world.
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Tags: burden of proof, impediments