Duncan E. Osborne
Duncan E. Osborne

Duncan E. Osborne

Partner

email

deosborne@ohsks.com

email

(512) 542-2010

Profile

Mr. Osborne is a partner of Osborne, Helman, Scott, Knisely & Stanton, LLP. His core practice is domestic and international estate planning with an emphasis on asset protection planning. A former adjunct professor of law at The University of Texas School of Law, Mr. Osborne devotes significant energy to lecturing and writing in his practice areas as well as helping clients with regard to all aspects of their estate planning. He is a frequent author and lecturer on estate planning topics and has made presentations and published articles both domestically and internationally on the subjects of offshore trusts and asset protection planning. One of the pioneers in the field of asset protection, Mr. Osborne conceived and was the original editor and a contributing author of the four-volume treatise, Asset Protection: Domestic and International Law and Tactics, published by West Group in 1995 (a loose leaf service updated quarterly). He was also the founding chair of the American Bar Association’s Asset Protection Committee. Mr. Osborne is retained by foreign governments and financial institutions to advise them on trust and tax issues. He has also been called upon to serve as an expert witness on both sides of the docket in cases involving asset protection planning.

Education

  • University of Texas Law School (J.D., with honors, 1971) Order of the Coif; Associate Editor, Texas Law Review
  • University of Texas (M.A., Latin American Studies, 1968)
  • Stanford University (B.A., English, 1966)

Professional Memberships and Honors

  • Member, Dean's Board of Advisors, The University of Texas School of Law (2018)
  • Fellow, The American College of Trust and Estate Counsel (Past President, Member, Board of Regents; Former Chair, International Estate Planning Committee; Former Chair, FATF Task Force)
  • Estate Planning Hall of Fame (2013); National Association of Estate Planners and Councils
  • Fellow, Texas Bar Foundation
  • Academician, The International Academy of Estate and Trust Law (Member, Executive Committee, Vice President)
  • Technical Editor, Steve Leimberg’s Asset Protection Newsletter (2006 – present)
  • Named Best Lawyers® 2011 Trusts and Estates "Lawyer of the Year" in Austin
  • Named Best Lawyers® 2014 Trusts and Estates Litigation "Lawyer of the Year" in Austin
  • Recognized by Best Lawyers® for Trusts and Estates & Trusts and Estates Litigation (1989 – present)
  • Listed, Texas Super Lawyer, sponsored by Thomson Reuters and published in Texas Monthly (2003 – present)
  • Member, American Bar Association
  • Member, State Bar of Texas
  • Member, The College of the State Bar of Texas
  • Member, The International Bar Association
  • Member, Society of Trust and Estate Practitioners
  • Member and Founding Chair, Asset Protection Planning  Committee, American Bar Association (Section of Real Property, Probate and Trust Law)
  • Member, Foreign Activities of U. S. Taxpayers Committee, American Bar Association (Section of Taxation)
  • Member, Task Force on Gatekeeper Regulations, American Bar Association (2012-2013)
  • Former Member, Advisory Board, Asset Protection Journal
  • Director, Susan Vaughan Foundation, Houston, Texas
  • Director, Still Water Foundation, Austin, Texas
  • Former Director, Aurora Foundation, Austin, Texas
  • Former Board Chair, St. Stephen’s Episcopal School, Austin, Texas
ACTEC
Board Certified - Texas Board of Legal Specialization
Super Lawyers - Duncan E. Osborne
The College of the State Bar of Texas
The International Academy of Estate and Trust Law
STEP
International Bar Association
Super Lawyers, 20 Years, Duncan E. Osborne, 2024
Super Lawyers, Top 50 Central/West Texas, Duncan E. Osborne, 2024
Best Lawyers, 2024, Duncan E. Osborne

Select Publications and Presentations

Asset Protection: Domestic and International Law and Tactics (four volumes; updated quarterly)

West Group
Publication
Contributing Author/Co-Editor
1995

A Brief History of Asset Protection Trusts

ALI CLE Estate Planning Course Materials Journal, January 2022
Publication
Author
2022

Truth, Transparence, and The Right of Privacy

The American College of Trust and Estate Counsel Law Journal, Volume 46, Number 3, Summer 2021
Publication
Author
2021

The Financial Action Task Force and the Legal Profession

New York Law School Law Review, 2014/15, Volume 59, Number 3
Publication
Author
2015

Asset Protection Trusts Under Attack – Views from the Bench and Bar

49th Annual Heckerling Institute on Estate Planning, Orlando, Florida
Presentation/Publication
Co-Author/Presenter
2015

Asset Protection Trust Planning Using Traditional Estate Planning Techniques

Community Foundation of Southern New Mexico, 32nd Annual Estate Planning Institute, Las Cruses, New Mexico
Presentation/Publication
Co-Author/Presenter
2015

The Financial Action Task Force and The Good Practices Guidance

New Mexico State Bar 2012 Bridge the Gap, Albuquerque, New Mexico; The American College of Trust and Estate Counsel Southeast Regional Meeting, Savannah, Georgia; The National College of Probate Judges, Jekyll Island, Georgia; Connecticut Bar Association Probate Section Meeting, New Haven Connecticut; The American College of Trust and Estate Counsel New England Regional Meeting, Mashantucket, Connecticut
Presentation/Publication
Author/Presenter
2011

The Financial Action Task Force and Its Impact on The Practice of Law

33rd Annual Advanced Estate Planning and Probate Course, Houston, Texas (2009); 44th Annual Heckerling Institute on Estate Planning, Orlando, Florida
Presentation/Publication
Author/Presenter
2009

Asset Protection: Trust Planning

American Law Institute – American Bar Association Course of Study, Planning Techniques for Large Estates, New York, New York (April, 2009)
Presentation
Co-Author/Presenter
2009

Converting an Asset Protection Trust into a Tax-Efficient Wealth Reserve

U.S. Taxation of International Operations
Publication
Co-Author
2003

The Influence of Spanish and Mexican Laws on the Property and Probate Laws of Texas

The International Academy of Estate and Trust Law, Santiago, Chile
Presentation/Publication
Co-Author/Presenter
2003

Publications and Presentations

All Publications and Presentations

Potential Effects of Bankruptcy Abuse Prevention and Consumer Protection Act on Asset Protection Planning

Potential Effects of Bankruptcy Abuse Prevention and Consumer Protection Act on Asset Protection Planning

Steve Leimberg’s Asset Protection Planning Newsletter #67 (May 17, 2005)
Publication
2005

Strategic Asset Protection Planning

Strategic Asset Protection Planning

State Bar of Texas 10th Annual Advanced Estate Planning Strategies Course, Santa Fe, New Mexico
Presentation
2004

Big Brother is Coming: Transparency & Reporting in the Post 9/11 Era

Big Brother is Coming: Transparency & Reporting in the Post 9/11 Era

International Academy of Estate and Trust Law, Prague, Czech Republic
Presentation
2004

Possibilities and Limitations of Asset Protection

Possibilities and Limitations of Asset Protection

American Law Institute-American Bar Association Course of Study, Estate Planning in Depth with Emphasis on Drafting and Administration of Trusts, Madison, Wisconsin
Presentation/Publication
2004

Asset Protection: Trust Planning

Asset Protection: Trust Planning

Colorado Bar Association CLE Asset Protection
Presentation/Publication
2003

Converting an Asset Protection Trust into a Tax-Efficient Wealth Reserve

Converting an Asset Protection Trust into a Tax-Efficient Wealth Reserve

U.S. Taxation of International Operations
Publication
2003

Asset Protection: Practical Strategies

Asset Protection: Practical Strategies

48th Annual Estate Planning Seminar – Estate Planning Council of Seattle and Washington State Bar Association, Seattle, Washington
Presentation/Publication
2003

The Influence of Spanish and Mexican Laws on the Property and Probate Laws of Texas

The Influence of Spanish and Mexican Laws on the Property and Probate Laws of Texas

The International Academy of Estate and Trust Law, Santiago, Chile
Presentation/Publication
2003

Asset Protection Planning

Asset Protection Planning

New York Bar Association First Annual Trusts and Estate Law Institute, New York, New York
Presentation/Publication
2003

Asset Protection Practical Planning

Asset Protection Practical Planning

23rd Annual Southern California Tax & Estate Planning Forum, San Diego, California
Presentation/Publication
2003

Asset Protection Planning: The Estate Planner’s Duty

Asset Protection Planning: The Estate Planner’s Duty

Personal Financial Planning Monthly, Vol. 3, No. 3 (2003), p. 11
Publication
2003