Revised Laws of Saint Lucia (2021)

PART 10
PROPER LAW AND EFFECT OF FOREIGN LAW

32.   Proper law of trust

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    (1)   Subject to any express provisions in the trust instrument, or any intention of the settlor derived from the trust instrument, the proper law applicable to an international trust shall be as in this Act.

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    (2)   Subject to subsection (1), the terms of an international trust may provide—

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      (a)     for the severable aspects of the international trust, particularly aspects relating to the administration of the international trust, to be governed by a different law from the proper law of the international trust; and

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      (b)     for the law governing a severable aspect of the international trust to be changed from the law in force in Saint Lucia to the law of another jurisdiction and vice versa.

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    (3)   A change in the proper law of an international trust shall not affect the legality or validity of the international trust or render any person liable for anything done before the change unless the liability would result under both the old and the new proper law of the international trust.