Revised Laws of Saint Lucia (2021)

3.   Trusts, trustees and beneficiaries generally

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    (1)   A beneficiary shall be—

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      (a)     identifiable by name; or

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      (b)     ascertainable by reference to—

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        (i)     a class, or

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        (ii)     a relationship to some person whether or not living at the time of the creation of the trust, or, at the time which, under the terms of the trust is the time by reference to which members of a class are to be determined.

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    (2)   The terms of a trust may provide for the addition of a person as a beneficiary or the exclusion of a beneficiary from benefit.

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    (3)   The terms of a trust may impose upon a beneficiary an obligation as a condition for benefit.

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    (4)   A beneficiary may disclaim his or her interest or any part of it, whether or not he or she has received any benefit from it.

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    (5)   A disclaimer shall be in writing, and subject to the terms of the trust, may be temporary and may, if the disclaimer so provides, be revoked in the manner and circumstances described or referred to therein.

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    (6)   A disclaimer is not effective until received by a registered trustee.

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    (7)   The number of trustees shall be such number as the settlor may determine and shall be set out in the trust deed.

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    (8)   Where there is no trustee or fewer than the number of trustees required by the terms of the trust, the necessary number of new or additional trustees shall be appointed in accordance with the terms of the trust and until the minimum number is reached the surviving trustee, if any, shall act only for the purpose of preserving the trust property.

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    (9)   Where the terms of a trust contain no provision for the appointment of a new or additional trustee, then the following may act for the purpose of preserving the trust—

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      (a)     the protector, if any; or

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      (b)     the trustees for the time being save that a trustee shall not be required to join in the appointment of his or her successor; or

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      (c)     the last remaining trustee; or

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      (d)     the personal representative or the liquidator of the last remaining trustee; or

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      (e)     if there is no such person, or no such person willing to act, the Court may appoint a new or additional trustee.

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    (10)   Subject to the terms of the trust, a trustee appointed under this section shall have the same functions and may act as if he or she had been originally appointed a trustee.

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    (11)   A trustee having power to appoint a new trustee and who fails to exercise such power may be removed from office by the Court.

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    (12)   On the appointment of a new or additional trustee anything requisite for vesting the trust property in the trustees for the time being of the trust shall be done.