Abstract

There have been no new developments in trust law over the past 12 months in St Lucia neither has there been any case law concerning trusts or of interest to trustees. Trust law was last addressed 5 years ago with the enactment of the International Trusts Act (ITA) 2002, under which international trusts are recognized and enforced. Where the ITA is unable to address a particular issue, English common law applies. Other relevant legislation is: The proper law applicable to an international trust is covered by Section 32 of the ITA which governs the validity of the international trust, its nature, construction, its effects and its administration. The proper law would be stated in the trust instrument and the law makes provision for the jurisdiction of the proper law to be changed. However, where the proper law changes from St Lucia to that of another jurisdiction, the change will be...

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