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Robert Mack

Robert Mack (TEP)

Head of International Private Client & Trusts, Cayman Islands | Cayman

  • Very good at spotting issues and making sure all the i's are dotted and t's are crossed.
    Who's Who Legal
  • He helped where others were unable or unwilling. When I felt things were insurmountable he found the solution. Robert is one of the few people (or lawyers) that I trust implicitly.
    Chambers & Partners
  • A methodical thinker.
    Chambers & Partners
  • Robert's a really well experienced lawyer. Having worked in both Jersey and Cayman, the two premier jurisdictions for private client work, he's generally seen as a safe pair of hands. He goes above and beyond for clients.
    Chambers & Partners

Overview

Robert is the head of Collas Crill's International Private Client & Trust in the Cayman Islands. His practice area includes advising on all variants of Cayman Islands trusts, including STAR, reserved power, charitable, fixed interest, discretionary and will trusts, as well as advising on contentious and non-contentious trust and estate matters. He also advises on a wide range of regulatory matters affecting professional fiduciaries, including trustees, enforcers, and protectors.

Robert has extensive expertise in all areas of private client matters, including the preparation of simple and complex wills, drafting trust deeds and all ancillary trust documents, applications for grants of representation and re-seals of foreign grants of representation, pre-nuptial and post-nuptial agreements, and crafting succession plans.

Experience

Robert has more than 20 years' experience in trust and private client matters at leading onshore and offshore law firms across three different jurisdictions (UK, Jersey, and the Cayman Islands).

He advises high net worth and ultra high net worth families, professional fiduciaries, foreign attorneys / law firms, banks, beneficiaries of trusts and estates, trust power holders, such as enforcers and protectors, executors and administrators of high value estates, often involving multiple jurisdictions and containing complex assets including private aircraft, yachts, crypto-currency, high value art and real property.

Robert is adept at managing complex cross border matters to ensure global solutions for his clients are implemented efficiently from a tax and compliance perspective.

"For better or worse, I take on my client's problems as my own. I always try to deliver the best possible client experience, in a timely manner, on budget. In a nutshell, I try to deliver the same sort of service that I would expect to receive if I were the client. "

Background

Robert trained in the UK and began his legal career in Jersey, Channel Islands. He spent several years in London before relocating to the Cayman Islands in 2007 where he practices Cayman Islands law exclusively.

Robert is one of the most senior trust lawyers at the Cayman Islands bar and is heavily involved with the Cayman Islands STEP Branch where he has served many roles. He is currently spearheading the creation of the first ever STEP scholarship program entitled "First Step".

Robert has spoken at trust conferences such as the STEP Miami Branch Conference and the STEP Cayman Islands Branch Conference, as well as a monthly STEP Cayman Islands events.

Work highlights

  • Poulton Family Trust - A highly complex trust dispute for which Robert provided all technical trust input for the primary beneficiary on issues concerning mental capacity and undue influence concerning the creation and termination of a Cayman Islands discretionary trust. Matter is still ongoing in the Cayman Grand Court.
  • In the Matter of Butterfield Trust (Cayman) Limited vs A, B, C et al [2020] - Robert advised the primary beneficiary on a successful initiative to terminate a Cayman discretionary trust and appoint the whole of the trust fund to the primary beneficiary, to the exclusion of all other beneficiaries.

Memberships

  • STEP (full member since 2003)
  • Member of the STEP Cayman Islands Council
  • Head of STEP Scholarship Sub-Committee (responsible for introducing the first ever STEP sponsored scholarship program for persons wishing to enter the Cayman trust industry)
  • Cayman representative for the STEP Mental Capacity Special Interest Group
  • Member of the STEP Cayman Islands Legislative Sub-Committee
  • Former UK solicitor (non practicing)
  • Cayman Islands attorney since 2007, regulated by CARA

My services
Changes of Trustee/DORAs
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Changes of trustee documents (DORA or IORAs) usually contain indemnities from the incoming trustee to the outgoing trustee which are often hotly negotiated and can be complex. A change of trustee also presents a good opportunity for the incoming trustee to undertake a due diligence exercise by reviewing the trust documents, ensuring that the previous chain of trusteeship is intact and ensuring that the outgoing trustee ratifies or rectifies any flaws in the trust or the trust documents before the trusteeship is handed over. We have considerable experience in narrowing the issues in these negotiations. We are also well versed in assisting our trustee clients in mitigating risk by spotting (sometimes very significant flaws) in trusts before they are taken on and by ratifying previous discrepancies in a commercial manner – commonly without necessitating the involvement of the court.

Contentious Trusts
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We represent trust corporations, HNWIs, individual trustees and beneficiaries, often dealing with novel points of law and creating new and innovative solutions to fit the needs of our clients. Given the international scope of settlors, investments and assets, we often co-ordinate advice from our multi-jurisdictional teams, meaning that our clients benefit from the knowledge and depth of experience of our people around the globe.

Contentious Wills, Estates & Probate
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We provide fast, cost-effective and sensitive advice on all manner of will related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

Contentious Wills, Estates & Probate
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We provide fast, cost-effective and sensitive advice on all manner of will related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

Dispute Resolution
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When your business is involved in any kind of legal dispute it's crucial to work with lawyers who are hands-on, cost-effective and flexible enough to respond quickly and intuitively to your unique situation and needs. We know that there are many different ways a dispute can be resolved and work closely with our clients to understand every aspect of their business, priorities and goals. This allows us to find the best way forward for our clients and to advise on the commercial implications of a dispute, ensuring the process remains as stress-free as possible. Our approach is practical, responsive and tailored to the client's interests. Our expertise and reputation means we're first choice for a range of clients, including banks, trust companies, high net worth individuals and top law firms.

Family Law
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Our legal team has extensive expertise in all areas of family law and is known for providing a personalised, responsive service to clients.

Family Limited Partnerships
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Many individuals think of the traditional trust as being the best way to manage their estate planning needs. However, there is a growing client base from civil law jurisdictions unfamiliar with the trust concept launching alternative structures. Recent examples include foundations, private family funds and, increasingly, the Family Limited Partnership (FLP). While initially developed onshore, the concept of FLPs was also harnessed and developed offshore in the Channel Islands as a flexible investment structure and a viable alternative to the traditional trust due to its ability to transmit wealth to younger generations while allowing patriarchs to retain a sensible level of control. This is particularly important for clients using the FLP to transfer the family business or “golden egg”, where a loss of control is so unpalatable. As the name implies, an FLP would be ideally suited to the wealthy family, as it is flexible enough to allow a very bespoke agreement to be put in place to cater for the often very detailed and prescriptive demands of clients who can afford and are used to having something tailor made.

Family Trusts & Foundations
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Alongside companies and wills, Family Trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-dom regime. Family Foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new Family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

Family Trusts & Foundations
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Alongside companies and wills, Family Trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-dom regime. Family Foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new Family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

FATCA, CRS and TIEAs
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Collas Crill's Risk and Regulatory Team provide legal support to businesses applying local rules regarding foreign tax reporting and production orders. Our goal here is to ensure our clients remain compliant, while conducting their business efficiently and in line with their clients interests and expectations.

Prenuptial agreements
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While prenuptial agreements are not legally binding, they are becoming an increasingly common feature of modern-day marriage. We offer expert advice and guidance in this area.

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Private Client
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As global legislation, regulation and taxation constantly change and become more complex, it has never been more important to make long-term plans to secure your future, the future of your family or your business. We cut through the legal jargon to provide clear, practical advice when you most need it and anticipate the challenges you are likely to face so that you can rest assured you and your family are in safe hands at every step of the way.

Probate & Estate Administration
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When executors, family or friends of a deceased need to get access to assets held by their loved one, they may be asked to produce a document commonly referred to as a 'grant of probate'. A grant of probate means that an individual is given the right, by the relevant court, to deal with a deceased's estate. The deceased may have left a will or may have died intestate (without a will). It might be the case that probate has already been obtained in another jurisdiction and that a separate grant of probate needs to be obtained in Guernsey or Jersey. This can be an unfamiliar and stressful process. At Collas Crill we have many years' experience in making these types of applications. We are able to assist in simply obtaining the grant of probate, can arrange release and payment of the Channel Island assets to the relevant person, or deal with the full administration of an estate depending on your requirements.

Reporting Obligations for Trustees
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In a climate of increased transparency for structures, it is important for trustees to ensure that they have sufficient policies, procedures and processes in place in order to report the correct data to the correct authority at the correct time. This has been particularly challenging for some of our smaller independent trustee clients who do not have a dedicated compliance team.

Risk & Regulatory
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Collas Crill's multi-disciplinary approach to providing Risk & Regulatory services ensures that every aspect of our clients' businesses is covered. By drawing on the skills and experience of a highly experienced team of lawyers with expertise from across the firm, we are able to deal with all legal compliance issues that could affect your business, whether contentious or non-contentious. The assistance we are able to provide ranges from strategic matters to specific operational issues.

Trustee Duties
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The duties of a trustee plays in managing the trust assets and dealing with beneficiaries not only vary from jurisdiction to jurisdiction, but are dictated by trust agreement and its nuances, the type of trust and its specific purpose. Advising on trustee duties is a rapidly growing area given the increasingly complex legal and regulatory framework to which trustees must adhere. Importantly, trustees are becoming increasingly aware of the advantages of acting early and seeking advice on their duties – particularly in situations of potential conflict or stress. Trustees are also making more use of the courts in asking for directions or in having "momentous decisions" blessed.

Trustee Risk & Regulatory Management
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Developments, consolidations and regulation have means that effective risk management and mitigation has never been more important. Our advice is not a ‘one size fits all’ solution, but rather is based on an individual company’s specific business model. By building a partnership with you we add value by providing to trustees with a range of regulatory advice, administration support, products and services within a dedicated team approach, precedent development and on-going education and industry updates. Together with our multi-disciplinary risk and regulatory team, we advise on anti money laundering laws and the regulation of trust companies and can assist in the creation and improvement of straightforward operating procedures, including checklists, designed in conjunction with the needs of a trustee to ensure that all members of staff, no matter what their experience, can provide consistent and accurate back office services.

Wills & Estate Planning
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Planning for the future is something that people often don't like to think about however it is one of the most important things that you should do during your lifetime. Whether you need simple Wills put in place or more complex estate structuring, our experienced and approachable team can help you organise and plan your affairs for the immediate and longer term future. We work hard to guide you through any issues of concern to ensure that you reach a position where you feel reassured that you are clear as to what will happen to your assets, and the ones you leave behind, in the future.

News 17 Sep 2021

New head of IPCT in Cayman

Offshore law firm Collas Crill has appointed Robert Mack as head of its International Private Client and Trusts (IPCT) team in the Cayman Islands. Robert has more than...

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Guide 14 Sep 2021

Resealing foreign grants of probate in the BVI – new Act brings welcome clarity

The Probates (Resealing) Act, 2021 (the Act) has been in force in the British Virgin Islands (the BVI) since 9 July 2021, repealing The Probates (Resealing) Act (Cap. 60)...

Showing 1 of 1 Results