Trusts and Trustees Act (Cap. 331)

Trusts and Trustees Act (Cap. 331), article 8

Official PDF on legislation.mt

8. (1) The Courts of Malta shall have jurisdiction where - (a) the trust is a Maltese trust; or (b) t h e t r u s t e e i s r e s i d e n t i n M a l t a o r i s a t r u s t e e authorised by the Authority, or is otherwise constituted in terms of Maltese law; or (c) any trust property is situated in Malta; or (d) administration of any trust property is carried on in Malta. Cap. 12. (2) Notwithstanding the provisions of the Code of Organization TRUSTS AND TRUSTEES [CAP. 331. 11 and Civil Procedure , when the trust instrument contains a provision granting jurisdiction to the courts of the country the law of w hich expressly governs the trust, the Courts in Malta shall, on dema nd of any party to the proceedings, provided it is made in limine litis , stay proceedings which may be inst ituted in Malta in favour of the chosen forum: Provided that the court may in any case issue such interim orders for the protection of any interested party as it conside rs appropriate, and provided further that the court shall enjoy a discretion on whether to stay the proceedings if the trust prop erty consists of immovable property in Malta or the settlor or the beneficiaries are domicile d and resident in Malta. Cap. 12. (3) Subject to the above, the provisions of Sub-title III of Tit le II of Book Third of the Code of Organization and Civil Procedure (Of Pleas to the Jurisd iction) shall apply. Rights of beneficiaries. Amended by: XX. 1994.4. Substituted by: XIII. 2004.10. Amended by: XIII. 2007.18; XI. 2014.4.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.