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Trusts in Malta
  • The Settlor
Any person, provided he is a non-resident of Malta, may create a trust and "person" includes a body of persons.  Consequently, a company, fellowship, society or other association of persons, whether vested with legal personality or not may create an inter vivos trust. 

A person who did not himself create the trust may augment the trust fund by leaving further property to it.  In fact, the Act provides that a trustee may accept from any person qualified to be a settlor any property to be added to the trust property. 

Under the provisions of the Trust Act, although a settlor may be a beneficiary under the trust, he may not be appointed as one of its trustees.  Nonetheless, if the settlor wishes to exercise indirectly a certain amount of control over the trustees he may appoint a protector who may be a trusted friend or relative of the settlor or his financial consultant, legal adviser, etc.  The settlor himself may be appointed as protector.  Our Act lays down that a trust may make provision for the office of protector and, subject to the terms of the trust, the protector shall have power: 

(a) to appoint a new or additional trustee; 

(b) to remove a trustee; and 

(c) to require the trustee to obtain his consent before exercising a discretion. 

The list indicated above is not exhaustive and further powers may be assigned to the protector by the terms of the trust.