My lawyer [in a non-US country] believes the NLT is risky because it appears to be American and doesn’t apply to our local laws.
Your question indicates that you are still looking to the government – – regardless of which country it is – – for permission and approval to do what is right. There is a fear that if you don’t get that permission and approval, it may be considered illegal, or at the very least, cause great problems for your beneficiaries.
But let me ask you a question. When you decided to be a business partner with someone, did you have to get the approval and permission from the government for that? When you donate money to a charity, do you need to ask the governor or the president if that is okay? When you give money to a member of your family, do you need to get permission from anyone?
A question perhaps you should ask us is, “What exactly does ‘non-statutory’ mean?” Perhaps focusing on that for a moment will help you. Your question about a particular country’s apparent inability to recognize global trust law seems to indicate that you didn’t appreciate the full meaning of non-statutory. Your lawyer admits that he is ignorant about trusts, but he is also ignorant about the non-statutory nature of anything. That’s the most important point.
Do you remember in the trust eBook where it talked about the various types of law, and it mentioned that the Uniform Commercial Code (UCC) is the highest law on the planet that is in actual practice by the banks and the governments?
Socrates concurred: “I am not an Athenian or a Greek, but a citizen of the world.” This was indeed a revolutionary thought, because at that time, social identity in Greece was either bound to the city-states, Athens and Sparta, or to the Greeks (the Hellenes). Perhaps it is just as revolutionary today.
Yet the UCC is not a set of statutes. Rather, it is a set of universally agreed-upon principles, based on which each country crafts its statutes to the best of its ability. These principles are like the trunk of the tree, where the statutes are like the branches.
Common law is like the roots, and natural law is like the sap . . . the sap which pervades every part of the tree and serves as its essence.
This means that your trust can leave assets to your beneficiaries in your country if you wish – – and being non-statutory, it doesn’t need the permission or the approval of local statutes to do so.
Remember, the trust is not attorney-created. It is not registered with any institution or agency. It is not public record. It is a private agreement between free and sovereign individuals. It is based on the universal right of contract, which is unalienable, no matter where you live and operate. As long as you are not violating the rights of anyone else, no government anywhere has the right to interfere with that contract.
When the time comes for disbursements to beneficiaries, you as trustee would simply make the disbursements . . . without asking for permission or approval from any outside party.
What is ironic is that your very question further reinforces the wisdom of the NLT – – because you correctly indicated that if one were subjecting one’s affairs to statutory law, the beneficiaries would actually be harmed in the process. That is all the more reason to rise into the more favorable altitude of non-statutory agreements.
The beauty of natural law, which comprises the best of global manmade law, is it is like rising above the crowded traffic jams and road rules of the ground, into the free air and open sky in which the airplanes fly. The NLT has rules to follow too – – but they are far more liberating, freeing, expansive, and beneficial – – like the open sky.
The analogy can be extended further, to show that by flying, one reaches one’s destination a lot faster than by driving on the ground. Similarly, operating in the non-statutory world of UCC principles and natural law, one can reach one’s business, investment, commercial, and estate planning destination a lot faster and a lot easier.
Some people express the phrase “Using an outside trust”. The word “outside” shows that they were not understanding what “non-statutory” means. A non-statutory entity is neither “outside” nor “inside” any jurisdiction. Do you see? It is not under the jurisdiction of any particular locality. In physics, the term that applies is “nonlocal”.
In the trust itself, it provides for transactions to be governed by the common law of a particular geographic location of your choice . . . but those are for transactions only; not the trust itself. If you feel that common law isn’t properly recognized where you live, then you can cite the UCC as the governing law in the trust. You could ask Randall to put that in there, and he would do so.
The bottom line is, it is important for you to know very clearly that you have the right to use the benefits of the NLT regardless of what ignorance may exist in the society around you. It is your life, your assets, and the destiny and fortunes of your beneficiaries at stake. Everyone who has been fortunate enough to acquire and use an NLT according to its non-statutory freedoms has been perfectly successful in protecting and administering their assets without a problem. They have stayed out of trouble, because they didn’t subject it to the vulnerabilities that are normally believed to be unavoidable by the ignorant society around them.
Let me know if this satisfies your need to understand.