Definitions

applicable

Hague Convention on the Law Applicable to Trusts and on their Recognition

The Hague Convention of the Law Applicable to Trusts and on their Recognition was signed on 1 July, 1985 but came into force on 1 January, 1992.

Summary of main provisions

The Convention seeks to harmonise the Private International laws of its signatories relating to trusts. The key provisions of the Convention are:

  • each signatory recognises the existence and validity of trusts. However, the Convention only relates to trusts with a written trust instrument. It would not apply trusts which arise (usually in common law jurisdictions) without a written trust instrument.
  • the Convention sets out the characteristics of a trust (even jurisdictions with considerable legal history relating to trusts find this difficult)
  • the Convention sets out clear rules for determining the governing law of trusts with a cross border element.

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