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Offshore Trusts Report: Mauritius

Characteristics of the 2001 Trusts Act

A transfer or disposition by a non-citizen can not be set aside, avoided, or otherwise declared invalid or ineffective by virtue of any rule or law of his domicile or nationality relating to inheritance or succession or any rule or law of a similar nature, or any rule or law restricting the right of a person to dispose of his property during his lifetime so as to preserve such property for distribution at his death, or any rule or law having similar effect.

Trusts are irrevocable notwithstanding any provision of the Bankruptcy Act, or any other law of Mauritius or any rule of law of any other jurisdiction or the fact that the trust is voluntary, and is effected without consideration, or is made on or for the benefit of the settlor, the spouse or children of the settlor, or any of them. A trust shall not be void or voidable, or otherwise invalidated in the event of or by reason of the settlor's bankruptcy or liquidation of his property or in any action or proceedings against the settlor at the suit of his creditors.

However the Court may declare a trust void, where it is established that the trust was made with the intent to defraud persons who were creditors of the settlor at the time when the trust property was vested in the trustee. No such action can be undertaken after more than 2 years from the date of the transfer or disposal of the assets to the trust.

Notwithstanding any rule or law relating to enforcement of judgments given by the court of another jurisdiction, where the law of Mauritius is the proper law of a trust, the Court shall not vary it or set it aside or recognise the validity of any claim against the trust property pursuant to the law of another jurisdiction or the order of a court of another jurisdiction in respect of:

  • the personal and proprietary consequences of marriage or the dissolution of marriage;
  • succession rights (whether testate or intestate) including the fixed shares of spouses, ascendants and descendants or relatives; or
  • the claim of creditors in an insolvency.

Protective or spendthrift trusts are allowed for. The terms of a trust may make the interest of a beneficiary subject to termination, restriction on alienation of or dealing in that interest or any part of that interest, or dimunition, suspension or termination, in the event of the beneficiary becoming insolvent or any of his property becoming liable to seizure or sequestration for the benefit of his creditors and such trust shall be known for the purposes of this Act as a protective or spendthrift trust.

The Report

Offshore Trusts Guide: Introduction

Offshore Trusts Guide: Jurisdictions

Bahamas Barbados Bermuda British Virgin Islands Cayman Islands Cook Islands Cyprus Gibraltar Guernsey Isle of Man Jersey Liechtenstein Madeira Malta Mauritius Monaco Nevis New Zealand Panama Seychelles Turks & Caicos Vanuatu