Trust legislation
  1. The Trusts Act and the and the Fraudulent Dispositions Act are also updated versions of legislation enacted in 1994.
  2. The Trusts Act provides modern and comprehensive trust legislation. It carefully preserves the best of traditional English trust law, while also increasing the flexibility of the trust.
    • There is express provision for a trust protector.
    • The rule against perpetuities has been abolished.
    • The settlor may choose the laws of Anguilla or other law, and may amend this choice during the life of the trust.
    • Trusts can be migrated into or out of Anguilla.
    • Foreign laws not recognising trusts, or providing for forced heirship, are not to be given effect. The law specifically provides that an Anguilla trust shall not be varied or set aside nor shall a claim against the trust be recognised under the law or court order of another country with respect to matrimonial matters, succession rights (forced heirship), creditors´ claims or foreign taxes. Further, these provisions are explicitly made effective notwithstanding the Reciprocal Enforcement of Judgments Act.
    • The legislation makes express provision for asset protection, spendthrift, unit, charitable and commercial purpose trusts.
    • Foreign language trusts may also be created as well as variant trusts, i.e. trusts of a type recognised by the law of the settlor´s religion or nationality, or customarily used in his community.
  3. The Fraudulent Dispositions Act, designed primarily to function with the Trusts Act, strengthens the ability of the trustee to avoid creditors´ claims by shifting the burden of proof of fraudulent transfer from the debtor to the creditor; such actions have a three-year limitation period.
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