Asset Protection Planning: Which statutory ... - MS Estate Planning

3.? ? Burden of Proving Fraudulent Intent is Always on Creditor. ?Certain bodies of law require the creditor to prove that assets were moved improperly. ?This is a very difficult burden to meet, and therefore very effective for planning purposes.

4.? ? "Beyond a Reasonable Doubt" Standard of Proof Required in Establishing Fraudulent Intent. ?This is the highest standard of proof in the judicial system, and very difficult to meet.

5.? ? Statutory Certainty That the Asset Protection Trust Remains Valid if Fraudulent Transfers Took Place. ?Even if certain transfers to the trust are later found to be improper, the assets which were transferred properly remain protected.

6.? ? Statutory Presumption Against Fraudulent Intent. ?Some countries include this presumption in their law, which helps from a protection standpoint.

Source: http://blog.estateplanning123.com/2012/10/asset-protection-planning-which-statutory-elements-are-important-to-consider-on-foreign-asset-protec-1.html

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