Trusts and Trustees Act (Cap. 331), article 6A

6A. (1) Subject to the provisions of subarticle (2), in the case of a trust governed by Maltese law, where the law of Malta cont ains provisions with regard to the following matters - (i) the protection of minors or incapable parties; (ii) the personal and proprie tary effects of marriage; (iii) succession rights, testate and intestate, especially the indefeasible shares of spouses, ascendants and descendants; (iv) the transfer of title to property and security interests in property; 8 CAP. 331.] TRUSTS AND TRUSTEES (v) the protection of creditors in matters of insolvency; (vi) the protection, in other respects, of third parties acting in good faith, which cannot be derogated from by voluntary act, such laws shal l prevail over the terms of the tr ust unless otherwise expressly provided in this Act or in oth er provisions of applicable law relating to trusts and related matters. (2) To the extent that there exist rules of mandatory applicatio n the courts shall apply such mandatory rules subject to the provisions of article 6B. (3) When a trust is governed by Maltese law and has no connection to Malta by reason of the domicile of the settlor at the time of settlement of the property on trust or the situs of the property, when immovable, the trust shall be governed by the provisions of this Act except that the provisions of subarticle (1) shall not apply in any manner. In such cases no regard shall be had to: (i) the domicile, habitual residence, registration, authorisation or place of business in Malta of the trustee or any protector or any person rendering administration, accounting or other services to the trustee, or (ii) the fact that the proper law of the trust is Maltese Law; or (iii) the situs of property in Malta, when movable; or (iv) the place of execution of the deed of trust, any documents relating to the trusts or the trust property or other transaction documents is Malta. (4) In the case of a foreign trust, the provisions of subarticle (1) shall only apply to such trust when the settlor is domiciled in Malta at the time of creation of the t rust, subject always to the rul es stated in article 6B. (5) In the case of a foreign trust, when the settlor of such a t rust is not domiciled in Malta at the time of the creation of the tr ust, the provisions of this Act shall apply only in so far as they regul ate the recognition or otherwise in Malta of the effects of such trust. (6) To the extent that there exist rules of mandatory applicatio n in the law applicable in the circumstances in terms of Maltese private international law, the courts of Malta may apply such mandatory rules subject to the provisions of article 6B. (7) When a court is requested t o recognise a foreign judgement which enforces any rules of mand atory application as referred t o in subarticle (6), the court may a ccede to such request subject to the provisions of article 6B. TRUSTS AND TRUSTEES [CAP. 331. 9 Management of conflict provisions. Added by: XIII. 2004.7.