Revised Laws of Saint Lucia (2021)

46.   Limitations

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    (1)   An international trust settled, created, migrated, continued or established or a disposition to or by the international trust shall not be fraudulent as against, or void or voidable by, a creditor of a settlor if—

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      (a)     the settlement, creation, migration, continuation or establishment of the trust or the disposition takes place after the expiration of 2 years from the date that such creditor's cause of action accrued;

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      (b)     the creditor fails to commence an action before the expiration of one year from the date such settlement, creation, migration, continuation, establishment or disposition took place; or

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      (c)     the settlement, creation, migration, continuation, establishment or disposition took place before the creditor's cause of action against the settlor accrued.

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    (2)   A settlor shall not have imputed to him or her an intent to defraud a creditor solely by reason that the settlor—

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      (a)     settled, created, migrated, continued or established an international trust, or disposed of property to the international trust within 2 years from the date that the creditor's cause of action accrued;

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      (b)     retained, possesses or acquires any of the powers or benefits referred to in section 18;

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      (c)     is a beneficiary or a trustee of the international trust.

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    (3)   For the purpose of this Part—

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      (a)     the date the cause of action accrued shall be the date of the act or omission being relied upon to establish, either partly or wholly, the cause of action and, if there is more than one act or omission the first which occurred shall be the date the cause of action shall have accrued; and

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      (b)     in the case of an action upon judgment, the date the cause of action accrued shall be the date of the act or omission upon which the judgment was based and, where there is more than one act or omission or the same is or was continuing, the date of the first act or the date the omission first occurred shall be the date the cause of action accrued.