s.89Governing law
89
Section 89Part 1 — Trusts Act

Governing law

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In determining the governing law of a trust, regard is first to be had to the terms of the trust and to any evidence therein as to the intention of the parties; and the other circumstances of the trust are to be taken into account only if the terms of the trust fail to provide such evidence.
A term of the trust expressly selecting the laws of the Islands to govern the trust is valid, effective and conclusive regardless of any other circumstances.
A term of the trust that the laws of the Islands are to govern a particular aspect of the trust or that the Islands or the courts of the Islands are the forum for the administration of the trust or any like provision is conclusive evidence, subject to any contrary term of the trust, that the parties intended the laws of the Islands to be the governing law of the trust and is valid and effective accordingly.
If the terms of a trust so provide, the governing law of the trust may be changed to or from the laws of the Islands provided that —
in the case of a change to the laws of the Islands, such change is recognised by the governing law of the trust previously in effect; or
in the case of a change from the laws of the Islands, the new governing law would recognise the validity of the trust and the respective interests of the beneficiaries.
A change in governing law shall not affect the legality or validity of, or render any person liable for, any thing done before the change.

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