The International Trust Companies Association (“ITCA”) commissioned John Lahey and Don Kozusko to study how international trust disputes could be administered more efficiently through alternative methods. 

¨ ITCA Report 

¨ Executive Summary of ITCA Report

ITCA also commissioned Dr. David Hayton, Professor of Law, King's College London University to comment on the ITCA Report from an English law perspective.

¨  The Hayton Report

The ITCA Report recommends the incorporation of specialized provisions into trust deeds to enhance the effective resolution of trust disputes which pose challenges unique to trusts.

The following are current provisions we urge trustees and settlors to consider.

¨ Alternative Dispute Resolution by Mediation

¨ Restrictions on Litigation

¨ Service on Beneficiaries

¨ Virtual Representation

¨ Appointment of Alternative Representation

¨ Protection of Representative

¨ Trustees’ Power to Apply Provisions