The jurisdictions which have enacted or proposed specific legislation which are relevant to an asset protection oriented trust are the Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, Cayman Islands, Cook Islands, Cyprus, Gibraltar, Guernsey, Isle of Mann, Jersey, Labuan, Liechtenstein, Madeira, Mauritius, the Turks and Caicos Islands and Western Samoa.
Asset protection trusts should always be structured so that the foreign trustee does not have any access to the protected assets. Remember, you should never trust anybody with your money, especially a foreign trust company (see Traps and Scams). Because asset protection trusts, if properly effected, insulate the protected assets from the trustee, it is our opinion that any of the above jurisdictions will do just fine when there is no danger of imminent creditor attack. In most cases, the primary consideration should be ease of communication and cost. If creditor attack comes, then extra care should be taken to choose the best jurisdiction to migrate the trust to (utilizing the Cuba clause of a typical trust).
We also think that you should endeavor to choose a jurisdiction which is perceived as "clean." Some jurisdictions have gone overboard in promoting themselves as asset protection havens and have attracted many scammers. You don't want to be tainted if you are ever forced to defend your structure in a U.S. court.
