Wilderness No More: Alaska as the New 'Offshore' Trust Jurisdiction

Amicus Curiae, Vol. 22, No. 30, 1999

3 Pages Posted: 14 Jul 2006  

Jonathan G. Blattmachr

Milbank, Tweed, Hadley & McCloy LLP

Bridget J. Crawford

Pace University School of Law

Abstract

Alaska has made two sweeping reforms to its trust laws in an effort to position itself as the most sophisticated "offshore" trust jurisdiction for wealthy U.S. citizens and non-U.S. persons holding substantial U.S. property or stock. This article describes Alaska's departure from the venerated (if misinterpreted) rule against perpetuities and illustrates how the new Alaska law effectively allows taxpayers to make their own decision about the level at which a trust will be taxed. This article also details Alaska's approach to self-settled spendthrift trusts. In certain circumstances, an existing or future creditor will be prevented from satisfying a claim out of a trust even to the extent of any interest retained by the grantor in the trust. The article concludes by comparing Alaska self-settled trusts to those in other offshore jurisdictions and suggests that Alaska may be the jurisdiction of choice for some taxpayers.

Keywords: Alaska, asset protection, spendthrift, trust, offshore, rule against perpetuities, creditors' rights

JEL Classification: K34

Suggested Citation

Blattmachr, Jonathan G. and Crawford, Bridget J., Wilderness No More: Alaska as the New 'Offshore' Trust Jurisdiction. Available at SSRN: https://ssrn.com/abstract=916573

Jonathan G. Blattmachr

Milbank, Tweed, Hadley & McCloy LLP ( email )

1 Chase Manhattan Plaza
New York, NY 10005
United States
212-530-5066 (Phone)

Bridget J. Crawford (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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