Revised Laws of Saint Lucia (2021)

36.   Court's determination of validity

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    (1)   The Court may declare an international trust to be invalid if—

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      (a)     the international trust was established under duress or undue influence, or by mistake or misrepresentation;

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      (b)     subject to section 25, the terms of the international trust are so uncertain that performance of such terms is rendered impossible or impractical; or

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      (c)     subject to section 32, the settlor was, at the time of the disposition leading to the creation of the international trust, incapable under the law in force in Saint Lucia of creating an international trust.

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    (2)   Where an international trust is created for 2 or more purposes of which some are lawful and others are not, or where some of the terms of the international trust are lawful and others are not—

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      (a)     if those purposes cannot be separated, or the terms cannot be separated, the international trust is invalid; or

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      (b)     if those purposes or terms can be separated, the Court may declare that the international trust is valid as to the terms which are valid and the purposes which are lawful.

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    (3)   Where an international trust is partially invalid, the Court may declare what property is to be held subject to the international trust.

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    (4)   Property that is transferred by a settlor to an international trust which is invalid, shall, subject to any order of the Court, be held by the trustee in trust for the settlor absolutely or, if the settlor is dead, as if the property had formed part of the settlor's estate at death.

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    (5)   Despite section 32, in determining the existence and validity of an international trust registered under this Act, the Court shall apply—

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      (a)     the provisions of this Act;

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      (b)     any other law in force in Saint Lucia; and

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      (c)     any other law which may be applied if to do so would validate the trust as an international trust.