Trustees duties and trust litigation in Switzerland

International and Swiss court cases, Swiss regulatory framework

Current trends – risk and international trusts

Oversight on the security and investment of the trust fund

• What are the extent of the trustees’ duties to oversee the security and investment of the trust fund?How far can this be modified by reserved powers and investment committees?
• What risks might there be for trustees following the Singapore Court of Appeal’s decision in the Ivanishvili v Credit Suisse Trust litigation?

Fiduciary roles of trustees and protectors

• How should powers be divided between trustees and protectors (including settlors)?
• What risks do multiple fiduciaries present?
• What is the current state of the law on the role of the protector when giving consent? (with reference to the X Trusts and Piedmont cases).

Trust litigation and open justice

• When disputes regarding trusts arise, can they be decided by a court in private?
• How do courts decide whether to hear disputes in public?
• Is risk to a trading business as an asset of a trust relevant?
• Will arbitration ever be a solution?

Trusts in the turmoil of Swiss court cases

Legal and regulatory framework in Switzerland

Trusts and Inheritance, respectively Matrimonial Property Rights

• Are heirs with reserved rights entitled to obtain information about the trust?
• Does a trust constituted on certain assets of one spouse prejudice the expectations of the other spouse under the matrimonial property regime?

Enforcement

• What procedure should be used to protect trust assets from seizure to the detriment of the trustee?
• Is compulsory enforcement possible against the rights of beneficiaries?
• What protection is there for the settlor’s creditors subject to compulsory execution in Switzerland?

Combating money laundering

Swiss draft bill on the transparency of legal entities

• Swiss draft bill on the transparency of legal entities and identification of beneficial owners: what new obligations for trustees?