With a multitude of offshore jurisdictions to choose from, Mourant Ozannes’ Robert Shepherd and Matthew Guthrie urge settlors to consider wisely to avoid issues later

If a settlor is looking to establish an offshore trust, they now have a multitude of jurisdictions and fiduciary companies to choose from. Where they go often comes down to a combination of personal rapport with the proposed trustees, the reputation of the trust company and, of course, fees. However, far too frequently, insufficient attention is paid at the outset to the choice of jurisdiction and the governing law of the trust instrument. From past experience, it is only further down the line that the significance of these matters comes to be fully appreciated.