Wealth Uncensored

← Wealth Uncensored10 aug · 20 min

Why Flee Clauses Don't Work Anymore, and What Actually Protects Your Trust

Why Flee Clauses Don't Work Anymore, and What Actually Protects Your Trust10 aug20 min

A flee clause is supposed to be your escape hatch. If your trust's jurisdiction turns hostile, the trust packs up and moves somewhere safer, automatically. It is one of the most common things people ask me to put in a structure. In most cases today, it does not work.

Flee clauses worked fine before KYC and AML rules took over. A trustee in a new jurisdiction could step in quickly. That world is gone. Onboarding a new trustee now means months of due diligence, source-of-funds review, and compliance checks. By the time the new trustee can actually act, the threat you were fleeing has already arrived, and the clause sits in the document doing nothing.

In this episode I explain why flee clauses give people a false sense of security, and what works instead: backup trustees who are already onboarded and ready, co-trustees already sitting in a second jurisdiction, and multinational trust companies that can move the trust internally without starting over. I also cover why foundation redomiciliation runs into the same wall.

In this episode:

What a flee clause is and why people love the idea

Why KYC and AML killed the automatic escape

How long onboarding a new trustee actually takes, and why that matters

The three things that actually let a structure move under pressure

Why foundation redomiciliation is slower than people expect

If you have a flee clause in your structure and you think you are covered, this episode is worth fifteen minutes.

Wealth Uncensored is hosted by Jimmy Sexton, LL.M., Founder and CEO of Esquire Group. For more, visit esquiregroup.com.