Trust Services

It’s Simply a Matter of Trust

A Trust is a highly effective way of organising personal and business affairs, and the potential benefits include:

	Tax mitigation
	Avoidance of forced heirship rules
	Preserving privacy
	Estate and inheritance planning
	Asset preservation
	Protection of the weak and vulnerable.

Mauritius: Safe, Secure & Spectacular

Although the most common form of Trust set up in Mauritius is the Discretionary Trust, the legal framework for Trusts and Trust Services contained in the Trust Act 2001 allows for various other types of Trusts to be set up, for example: Charitable, Purpose and Trading Trusts. Flexibility is provided under the Trust Act in determining the applicable governing law.

Mauritius Trusts: Key Features

	A Trust can be tax resident or tax exempt
	Tax resident Trusts can access DTAs
	There may be up to four trustees, at least one of which must be a qualified trustee resident in Mauritius
	A Trust shall not be voidable in the event - or as a result - of the settlor’s bankruptcy or as a result of action by creditors, subject to certain safeguards against abuses if the intent was to defraud
	The Court will not enforce a foreign judgment against a Trust in respect of forced heirship or marital disputes
	A Trust may be publicly registered, but there is no legislative requirement to do so.

Mauritius Trusts: Innovative Feature

The Trust may provide for the appointment of any person as a managing trustee who is entrusted with the management of any particular trust, without being vested with the Trust property, which is vested in a custodian trustee. The custodian trustee may be a firm or a body corporate which shall hold the Trust property and invest its funds and dispose of its assets only under the direction of the managing trustee.

Many trustees in more mature Trust jurisdictions have used this dual mechanism to effectively “outsource” the management of Trusts to a lower-cost jurisdiction like Mauritius whilst still retaining legal title to the assets. The law in Mauritius recognises foreign Trusts - hence a Jersey Trust could have a management trustee appointed in Mauritius for this purpose.