The idea of transferring assets to a fiduciary is a very reliable way of hiding the fact that the asset belongs to the grantor. Usually, such mechanisms are only resorted to when there is full confidence in the trustee’s integrity.
However, situations are quite common when, as a result of a conflict between the real owner and a fictitious one, the latter declares the property its own or refuses to return it, denying all the claims of the other party.
Andrew Bezhan, a Counsel and Attorney-at-Law in the Dispute Resolution Practice at Nordic Star Law Offices, wrote an article for Joint Stock Company magazine where he outlines the optimal mechanisms for protecting the real owner, which make it possible to prevent a situation when control over the property is lost or enable the property’s return.
To read the full article (in Russian)