Our Trust Law team consists of specialists with many years of experience in advising and representing trustees and beneficiaries of trusts established in Gibraltar or which by its deed of settlement provides for the trust to be subject to the laws of Gibraltar. The team provides advice on contentious and non-contentious trust matters and representation where necessary.
Gibraltar is an attractive jurisdiction for the establishment of trusts or for the choice of law to be designated as Gibraltar law.
Gibraltar is regarded as a reputable jurisdiction with a well established body of trust law. Our trust law is based on English law. As such, all the common law principles of trust law apply.
Applications to vary a trust are possible pursuant to the Variation of Trusts Act 1958, an English Act which applies in Gibraltar by virtue of the English Law (Application) Act 1962.
Gibraltar has also enacted its own legislation on trusts. The Purpose Trusts Act 2015 allows the establishment of a trust for non-charitable purposes.
The Trusts (Private International Law) Act 2015 gives jurisdiction to the Gibraltar Courts over any trust whose proper law is the law of Gibraltar, where the trustee of a foreign trust is based in Gibraltar, any trust property is situated in Gibraltar, the administration of any trust property is carried out in Gibraltar or the trust instrument contains a provision referring disputes to the jurisdiction of the Courts of Gibraltar.
The Hassans’ Trust Law team is experienced and well placed to advise on all areas of Trust Law including:
- The validity of trusts
- Duties and powers of trustees
- Rights of beneficiaries
- Setting aside trusts
- Variation of trusts
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