Article on Give the People What They Want? The Onshoring of the Offshore

Lionel Smith recently published an Article entitled, Give the People What They Want? The Onshoring of the Offshore, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article:

The author argues that US law is in danger of undermining its own coherence in the pursuit of competition for trust business with offshore jurisdictions. This has happened partly due to a desire to allow those who create trusts to do whatever they wish. But US law, like other common law systems, has always imposed certain limits on freedom of choice in trust law; properly understood, those limits exist in order to protect a range of values that are just as important as settlors’ freedom of choice. Losing sight of the importance of these limits threatens the integrity of the legal order.