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Trusts

In common law legal systems, a trust is a relationship in which a person or entity (the trustee) holds legal title to certain property (the trust property or trust corpus), though it is bound by a fiduciary duty to exercise that legal control for the benefit of one or more individuals or organisations (the beneficiary), who hold beneficial or equitable title.

The trust is governed by the terms of the (usually) written trust agreement and local law. The entity (one or more individuals, a partnership, or a corporation) that creates the trust is called the settlor (in other jurisdictions referred to as the trustor, grantor, donor or creator). The common benefits that trust arrangements offer include providing personal and financial safeguards for family and other beneficiaries, postponing or avoiding unnecessary taxes, and establishing a means of controlling or administering property as well as meeting other social or commercial goals.

In certain circumstances, the income received by a trust or beneficiary under a trust may be exempted from paying income tax in Gibraltar. The Trustee Act is the main legislation governing trusts in Gibraltar. Such trusts are particularly attractive to a person who is non-resident in Gibraltar because there is no estate duty, inheritance tax, capital gains tax, wealth tax or gift tax applicable in Gibraltar. No stamp duty is payable on the transfer of any assets (other than on real estate situated in Gibraltar) held by such a trust.

To view the Trustee Act visit http://www.gibraltarlaws.gov.gi

Various types of trust exist. Amongst these are discretionary trusts, asset protection trusts, and life interest trusts.

A trust may be registered with the Registrar of Registered Trusts who keeps an index under the Registered Trust Act 1999. A trust shall be registered with the Registrar where such registration is required by the trust deed.

To view the Registered Trust Act 1999 visit:
https://www.gibraltarlaws.gov.gi/articles/1999-35o.pdf