The recognition of trusts under Maltese law

Abstract

The present influx of foreigners mainly of British origin who are retiring and residing in Malta, has inevitably brought in its wake a number of legal problems that have to be solved by the Maltese lawyer. It is easy to notice that some of the.se legal problems directly and especially affect the law on Succession, Income Tax and marriage, and the creation of trusts by settlers accustomed to the Anglo Saxon legal system, is one of the important problems that affect our law of Obligation and / or Sucession, whether such a creation is "inter-vivos" or testamentary, whether made by a Maltese or foreigner, and whether created in Malta or otherwise. Trusts are unknown to Maltese law and thus it is proposed that this dissertation will provide a brief historical survey of the law of Trusts, an explanation of the present position of the trust in the common law system, the rejection, substitution or incorporation of this concept in civil law systems and finally the problem that faces maltese law with a possible solution