Trusts (Special Provisions) Amendment Act 2004
TRUST (SPECIAL PROVISIONS) AMENDMENT ACT 2004

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BERMUDA

2004 : 35

TRUSTS (SPECIAL PROVISIONS) AMENDMENT ACT 2004

Date of Assent: 17 December 2004

Operative Date: 17 December 2004

WHEREAS it is expedient to amend the Trusts (Special
Provisions) Act 1989:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Trusts (Special Provisions)
Amendment Act 2004.

Amendment of section 10
2 Section 10 of the Trusts (Special Provisions) Act 1989 (in this Act
referred to as "the principal Act") is amended by inserting the following
subsection next after subsection (2) —

"(3) An heirship right conferred by the law of another
jurisdiction in relation to the property of a living person shall not
be recognised as affecting the ownership of land in Bermuda or
movable property wherever situate for the purposes of
subsection (2)(a).".

TRUSTS (SPECIAL PROVISIONS) AMENDMENT BILL 2004

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Substitution of section 11
3 The principal Act is amended by repealing section 11 and
substituting the following section 

"Application of foreign laws
11 (1) Subject to section 10(2)(a) to (f), where a trust is validly
created under the laws of Bermuda, the court shall not vary it or
set it aside and no disposition of property to be held upon the
trusts thereof is void, voidable, liable to be set aside or defective
for any reason, nor is the capacity of any settlor to be
questioned, nor is the trustee, any beneficiary or any other
person to be subjected to any liability or deprived of any rights,
by reason that 

(a) the law of any another jurisdiction prohibits or does not
recognise the concept of a trust;

(b) the trust or disposition avoids or defeats rights, claims
or interests conferred by the law of another jurisdiction
upon any person by reason of a personal relationship to
the settlor or to any beneficiary or by way of heirship
rights, or contravenes the law of another jurisdiction or
any foreign judicial or administrative order or action
intended to recognise, protect, enforce or give effect to
any such rights, claims or interests; or

(c) the trust or disposition avoids or defeats rights, claims
or interests conferred by the law of another jurisdiction
upon any person in respect of the protection of creditors
in matters of insolvency.

(2) A foreign judgment shall not be recognised, enforced or
give rise to any estoppel insofar as it is inconsistent with this
section.

(3) In this Part

"heirship right" means any right, claim or interest in,
against or to property of a person arising, accruing or
existing in consequence of, or in anticipation of that
person's death, other than any such right, claim or
interest created by will or other voluntary disposition by
such person or resulting from an express limitation in
the disposition of the property to such person;

"personal relationship" includes every form of relationship
by blood or marriage, including a previous marriage, and

TRUST (SPECIAL PROVISIONS) AMENDMENT ACT 2004

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in particular a personal relationship between two
persons exists if 

(a) one is the child of the other, natural or adopted,
legitimate or born out of wedlock;

(b) one is married to the other; or

(c) one cohabits with the other or so conducts himself
or herself in relation to the other as to give rise in
any jurisdiction to any rights, obligations or
responsibilities analogous to those of parent and
child or husband and wife.".

TRUST (SPECIAL PROVISIONS) AMENDMENT ACT 2004

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