05 · Trusts Act · Privy Council

Трасты Cayman —
защита капитала
на поколения.

Каймановы острова — одна из ведущих юрисдикций для трастов: современное законодательство (Trusts Act, STAR Trust regime), специализированный Financial Services Division Гранд-суда, апелляции в Privy Council. Защита активов, наследственное планирование, благотворительность.

Full article · 20 minutes

STAR Trust: trusts for purposes, not people

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Trust types

Six regimes —
for any scenario

From the classic discretionary trust to the unique STAR regime — Cayman offers the broadest set of trust instruments in the world. Each with its own advantages for specific objectives.

DISCRETIONARY

Discretionary Trust

The most common format. Trustee has broad discretion over distribution of income and capital among beneficiaries. Letter of Wishes from the settlor provides soft guidance.

Standard
STAR TRUST

STAR Trust

Special Trusts (Alternative Regime). A unique regime: may have non-charitable purpose objectives, not only human beneficiaries. Used for orphan structures and special purposes.

Unique
RESERVED POWERS

Reserved Powers Trust

Settlor reserves certain powers (investment, appointment of protector) without invalidating the trust. Under the Trusts Act 2008 amendment. A psychological bridge into trust planning.

Settlor control
EXEMPTED TRUST · TEC

Exempted Trust

May obtain a Tax Exemption Certificate (TEC) from Cabinet — guaranteeing any future Cayman taxes will not apply to the trust. Term: up to 50 years. Often used for Unit Trusts (funds).

50-year TEC
PTC · PRIVATE TRUST COMPANY

Private Trust Company

Not a trust itself, but a legal entity acting as trustee for one or more family trusts. A PTC conducting only "connected trust business" is exempt from licensing requirements.

Family-control
FOUNDATION COMPANY

Foundation Company

Hybrid of trust and legal entity. Has legal personality, can own assets and enter contracts. Beneficiaries optional (purpose foundation). Used for DAOs, charity, orphan structures.

DAO · F.O.
STAR Trust in detail

A unique regime —
not only for people

The STAR Trust was introduced by the Special Trusts (Alternative Regime) Act 1997 and is now found in Part VIII of the Trusts Act. It is the only regime in the world that allows creation of non-charitable purpose trusts — trusts established for specific purposes, without human beneficiaries.

The principal use is in "orphan structures": a STAR Trust holds the shares of a PTC (Private Trust Company), and the PTC acts as trustee of family trusts. The PTC shares fall outside the settlor's estate, achieving full "orphaning".

  • P
    Purpose without beneficiaries

    A trust can be created for a purpose (e.g. "to support a specific project") rather than for people. Unique flexibility for DAOs and philanthropic vehicles.

  • E
    Enforcer instead of beneficiary

    Enforcement of the trust is the duty of an enforcer, a specially appointed person. May be a lawyer, protector, or even an AI consortium.

  • O
    Orphan for PTC

    The most popular application: STAR holds the PTC, the PTC is trustee of family trusts. Complete structural independence from any individual.

  • No rule against perpetuities

    May continue indefinitely (unlike ordinary trusts limited to 150 years). Ideal for long-term family wealth.

STAR · technical parameters
Governing act
Trusts Act, Part VIII
Beneficiaries
Optional
Purposes
Charitable + non-charitable
Enforcer
Required
Trust duration
No perpetuity limit
Trustee requirement
Licensed trust company
Tax
0% (Cayman tax-neutral)
Confidentiality
Full (no public registry)
Applications

What Cayman trusts
solve

Trusts are not simply about "hiding assets". They are an instrument of strategic planning: succession across generations, asset protection from business risks, philanthropy, corporate governance.

Succession planning

Asset transfer across generations without probate disputes, inheritance taxes, or loss of confidentiality. The Letter of Wishes provides "soft" guidance to the trustee without legal constraints.

Asset protection

Trust assets are separated from the settlor's personal estate. Protection against business creditors, foreign judgments, brand litigation. Statutory firewall provisions.

Philanthropy

Charitable Trust or Foundation for systematic philanthropy. STAR Trust for special purpose objectives (scientific prizes, environmental projects, art preservation).

Holding structures

PTC + STAR = an "orphan structure" for holding family assets. Confidential, protected from inheritance disputes, flexible in management (settlor may serve as director of the PTC).

$

Premium private wealth

Investment portfolio management within the trust. Trustee investment, regular reporting, tax transparency for beneficiaries in their home jurisdictions.

DAO

Web3 / DAO

Foundation Company as legal wrapper for a DAO. STAR Trust for holding token treasury. Clear rights and duties of participants, protection from personal liability.

Trust establishment

4 phases —
from consultation to Trust Deed

Establishing a professional trust requires careful preparation. Realistic timeline — 4–8 weeks depending on the complexity of the structure and the number of beneficiaries.

1
Phase I · Weeks 1–2

Consultation

Analysis of objectives, assets, family structure. Selection of trust type, jurisdictions, trustee and protector.

2
Phase II · Weeks 2–4

Trust Deed

Drafting the trust deed: beneficiaries, distribution rules, powers of the trustee and protector, governing-law clauses.

3
Phase III · Weeks 4–6

Settlement & funding

Formal establishment of the trust (signing), transfer of assets, initial settlements. Letter of Wishes from the settlor.

4
Phase IV · ongoing

Ongoing administration

Annual accounts, distribution applications, changes to beneficiaries, investment decisions. We can act as PTC or trustee.

Thinking about a trust?

Confidential consultation

Partner-lawyer will discuss your situation under NDA. We will explain which trust type suits, what assets you can place, costs, and how the structure works in your tax residence.