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Key definition
Administration definition

What does Administration mean? Administration is a corporate insolvency procedure used to protect and stabilise a financially distressed company while an independent insolvency practitioner (the administrator) takes control to pursue rescue or a better return to creditors than liquidation. It is a statutory process in England and Wales and Scotland under the Insolvency Act 1986, Schedule B1, and in Northern Ireland under the Insolvency (Northern Ireland) Order 1989, Schedule B1. Key features include an immediate moratorium on most creditor enforcement, displacement of the directors’ management powers, and appointment either by court order or out of court by the company, its directors or...

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Trusts holding foreign assets: investment powers, delegation, custodianship, tax (including double taxation), recognition and enforcement of foreign judgments

Practice notes
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More UK trustees now hold overseas assets within trust property. This may occur because:

  • the original Settlor transferred them into the trust
  • they were included in the testator’s Estate
  • the trustees subsequently acquired them

Reasons why foreign assets may be held in trust

An individual with a large worldwide portfolio might place non‑UK assets into trust during life in order to:

  • reduce complications on death
  • protect property from external claims
  • avoid the impact of forced heirship rules

Investing in foreign assets

Where UK trustees are contemplating overseas Investment, they should consider:

  • whether they have power to invest abroad—the general investment powers under the Trustee Act 2000 (TrA 2000) permit investment in foreign assets, subject to any express terms in the trust instrument. Note that the TrA 2000 provisions on investing in land apply only to land located in the UK. If the current powers do not allow the proposal, the trustees may apply to the court for an extension
  • diversification—whether the trust fund is sufficiently substantial to justify spreading into an international portfolio. Exposure
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Web page updated on 11/06/2026

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