05 Trusts Act Privy Council

Cayman Trusts -
capital protection
for generations.

The Cayman Islands is one of the leading jurisdictions for trusts: modern legislation (Trusts Act, STAR Trust regime), specialized Financial Services Division of the Grand Court, appeals to the Privy Council. Asset protection, estate planning, charity.

Types of Trusts

Six modes -
under any scenario

From the classic discretionary trust to the unique STAR mode, Cayman offers the widest range of trust tools in the world. Each with its own advantages for specific tasks.

DISCRETIONARY

Discretionary Trust

The most common format. The Trustee has broad discretion to distribute income and capital to beneficiaries. Letter of Wishes from the founder - gentle guidance.

Standard
STAR TRUST

STAR Trust

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

Unique
RESERVED POWERS

Reserved Powers Trust

Settlor retains certain rights (investment, appointment of protector) without invalidating the trust. Under the Trusts Act 2008 amendment. Psychological bridge to trust planning.

Settlor control
EXEMPTED TRUST TEC

Exempted Trust

Can obtain a Tax Exemption Certificate (TEC) from Cabinet - a guarantee that any future Cayman Islands taxes will not apply to the trust. Duration: up to 50 years. Often used for Unit Trusts.

50 years TEC
PTC PRIVATE TRUST COMPANY

Private Trust Company

Not the trust itself, but the legal entity. a person who acts as a trustee for one or more family trusts. PTC, which conducts only “connected trust business”, is exempt from licensing requirements.

Family-control
FOUNDATION COMPANY

Foundation Company

A hybrid of a trust and a legal entity. Has legal personality, can own assets and enter into transactions. Beneficiaries are optional (purpose foundation). Used for DAO, charitable, orphan structures.

DAO F.O.
STAR Trust in detail

Unique mode -
not only for people

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

The main application is “orphan structures”: STAR Trust owns shares of PTC (Private Trust Company), and PTC is the trustee of family trusts. PTC shares are not part of the founder's estate, ensuring complete orphaning.

  • P
    Purpose without beneficiaries

    You can create a trust for a purpose (for example, “to support a specific project”) rather than for people. Unique flexibility for DAO and philanthropic vehicles.

  • E
    Enforcer instead of beneficiary

    Enforcement of a trust is ensured by an enforcer, a specially appointed person. Could be a lawyer, a protector, or even an AI consortium.

  • O
    Orphan for PTC

    The most popular use: STAR owns PTC, PTC - trustee family trusts. Complete structural independence from any individual.

  • Without the rule of perpetuities

    Can last as long as desired (unlike regular trusts with a 150 year limit). Ideal for long-term family wealth.

STAR technical parameters
Regulatory act
Trusts Act, Part VIII
Beneficiaries
Optional
Goals
Charitable + non-charitable
Enforcer
Required
Lifetime of the trust
No perpetual limit
Trustee requirement
Licensed trust company
Tax
0% (Cayman neutral)
Privacy
Full (not public register)
Application

What do they decide?
Cayman trusts

Trusts are not just about “hiding assets.” This is a strategic planning tool: inheritance between generations, protecting assets from business risks, charity, company management.

Succession planning

Transfer assets across generations without probate disputes, inheritance taxes, or loss of privacy. Letter of Wishes provides "soft" trustee instructions without legal restrictions.

Asset protection

The assets in the trust are separate from the settlor's personal wealth. Protection from business creditors, judgments in other jurisdictions, brand-litigation. Statutory firewall provisions.

Charity

Charitable Trust or Foundation for systematic philanthropy. STAR Trust for special purposes (scientific awards, environmental projects, art preservation).

Holding structures

PTC + STAR = "orphan structure" for ownership of family assets. Confidential, protected from inheritance disputes, flexible in management (settler can be a director of PTC).

$

Premium private wealth

Investment portfolio management in a trust. Trustee-investment, regular reports, tax transparency for beneficiaries in their jurisdictions.

DAO

Web3/DAO

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

Creating a Trust

4 phases -
from consultation to Trust Deed

Setting up a professional trust requires careful preparation. The actual time frame is 4–8 weeks, depending on the complexity of the structure and the number of beneficiaries.

1
Phase I Weeks 1–2

Consultation

Analysis of goals, assets, family structure. Selecting trust type, jurisdictions, trustee and protector.

2
Phase II Weeks 2–4

Trust Deed

Development of a trust declaration: beneficiaries, distribution rules, powers of trustee and protector, governing law clauses.

3
Phase III Weeks 4–6

Settlement & Funding

Formal trust signing, transfer of assets, initial grants. Letter of Wishes from the founder.

4
Phase IV ongoing

Escort

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

Thinking about a trust?

Confidential consultation

A lawyer partner will discuss your situation under an NDA. We'll tell you which type of trust is appropriate, what assets you can put into it, what the costs are, and how the structure works in your tax home.