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Alaska Trust Act

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Alaska Trust Act
A 1997 state law in Alaska that allows any American to place assets in an irrevocable trust that protects those assets from creditors and, in some circumstances, excludes them from the grantor's estate for tax purposes. In order for a trust to fall under the jurisdiction of the Act, at least one of the trustees must live or have a business in Alaska and the trust's records must be maintained in Alaska. Additionally, a certain percentage of the administration of the trust must take place in Alaska. The Act effectively made Alaska a tax shelter along the lines of the Cayman Islands, the Bahamas, and other offshore locations.


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The Alaska Trust Act does not prevent a creditor from voiding a transfer to an asset protection trust on grounds of fraud.
In 1997, the Alaska Trust Act repealed the Rule against Perpetuities, which prohibited trusts from lasting forever.
The Alaska Trust Act and Delaware's Qualified Disposition in Trust Act amend their codes to allow settlors to make lifetime transfers into trust from which they are eligible, but not entitled, to receive distributions according to the discretion of a third-party trustee.
 
 
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