Trusts Law

Trust Law

Malta’s trusts and estates law allows for the beneficial, yet secure, protection of a person’s wealth and property. Trusts have become very flexible and efficient vehicles for asset protection and asset management in Malta. 

Trusts Law in Malta

Setting up of Malta Trusts

The setting up of trusts in Malta is regulated by the Malta Trusts and Trustees Act. To ensure the highest level of security, the Malta Trusts and Trustees Act provides for strict regulations relating to the authorisation and supervision of trustees. The Act also incorporates the Hague Convention on the Law Applicable to Trusts and on their Recognition which Malta has ratified.

Use of Malta Trusts

Chetcuti Cauchi offers comprehensive advice in the use of trusts. Malta recognises three main types of trusts. These are express trusts, implied or resulting trusts and constructive trusts. In an express trust, the settlor clearly delineates in the trust deed who of the beneficiaries should benefit and to what extent.  An express trust is typically set up in writing.  Implied or resulting trusts are trusts arising from the intention of the settlor, which intention is presumed from his words or actions. Constructive trusts arise by operation of law and arise as a means to avoid a person’s unjust enrichment.

Our Trust Company

Chetcuti Cauchi’s trust company, Claris Trustees, is an authorised trustee approved by the Malta Financial Services Authority (MFSA). The directors and officials of the company have been vetted by the MFSA and confirmed as fit and proper to carry out such services.  The MFSA is responsible for the authorisation, regulation and supervision of trustees. The MFSA is an autonomous public authority constituted and regulated by the Malta Financial Services Authority Act. The MFSA requires the highest standards of probity and honesty.

Our Trusts Law Practice Group

As trustees, our priority is to ensure utmost care in the administration of the property put in trust for the ultimate benefit of the trust’s beneficiaries, typically, future generations. Our distinguished management team includes a number of specialised lawyers, accountants, financial advisors and trust administrators, bringing together the strategic mix of skills and experience necessary for the running of a high-calibre trust. This is an asset that puts Chetcuti Cauchi at the forefront in the field.

While carrying out the necessary due diligence procedures and maintaining legal compliance throughout the life of the trust, we respect the client’s wishes in settling the trust property. We have years of experience in drafting trust instruments that best reflect a client’s needs and endeavour to make all the implications of settling a property in trust transparent to our clients. This includes any tax or accounting requirements that may arise and in which our qualified accountants and tax advisors have long-standing experience.

Malta Trusts Lawyers

Our Malta trusts and estates law team is heavily involved in the executive council of STEP Malta branch with two of the firm’s partners acting as branch secretary and member of the Technical Committee.  Our team is also involved in the IFSP Council, Malta Institute of Taxation, Malta Institute of Accountants, FinanceMalta and the Chamber of Advocates. In the international tax and corporate services sector, we are members of the International Tax Planning Association, the International Fiscal Association and the European Family Business Network.

We are proud to have extensive experience in the trusts and estates field, particularly in tax planning and in the setting up and management of trusts as well as the recognition in Malta of foreign trusts under the Hague Convention. We also act as nominee shareholder to hold shares in companies incorporated by us if we are satisfied that the underlying reasons are legitimate, and we also provide escrow agency services in local or international private or commercial transactions.

Testimonials


A wealth of expertise. An unfaltering commitment to providing optimal legal and accounting solutions to foreign clients worldwide and a level of professionalism and attention to detail that cannot be matched in the industry.
To date we have been very impressed by the degree of knowledge and understanding Chetcuti Cauchi’s personnel have of our intended aims. This especially applies to Michelle de Maria, a Tax Manager, who has impressed us on each of the occasions we have spoken.  Michelle is both able to quickly grasp what we are looking to achieve, whilst is eloquent and concise in explaining the Maltese tax position with regard to our proposals.
Perfect profile for servicing private client needs, with a very high level of professional services and quick reaction to queries. One of the best providers to work with in Malta
High level of integrity, clarity and personal involvement. Chetcuti Cauchi have been my lawyers for over 10 years now.
Jean-Philippe was a key advisor to me on the general European and in particular Maltese related tax, legal, accounting and secretarial aspects of a rather complex corporate group structure. We were operating in an extremely dynamic situation, and I was most grateful for his patience and understanding when we had to scrap the last idea and start all over again. He is highly professional, responsive and is excellent at finding practical solutions to difficult situations, whatever the time of day or night. He also has an excellent relationship with his team, and the service provided by his firm is intelligent, joined up and seamless. He is good humoured and imminently likeable and I look forward to working with him again in the future.


Contact Us
关键联系人

Dr Priscilla Mifsud Parker

Senior Partner

+356 22056422

Ms Michelle de Maria

Partner

+356 22056692

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