NEW BVI CONFLICT OF LAWS RULES RELATING TO TRUSTS

Background: the need for conflict of laws rules

Since trusts governed by the laws of the BVI usually have significant legal links with the laws of one or more
other jurisdictions, it is essential for the BVI to have adequate rules for resolving “choice of law” questions
relating to trusts. Although the majority of the provisions of the English Recognition of Trusts Act 1987
(incorporating as it does most of the provisions of the Hague Trusts Convention) have been extended to the
Territory, so ensuring a certain amount of certainty in relation to many of the relevant conflict of law rules
relating to trusts, specified matters are expressly excluded from that Act, meaning that it is vital for these
rules to be reinforced by additional statutory provisions.

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