Section 12: Validity of trust

12. Validity of trust (1) Subject to this Act, a trust shall be valid and enforceable in accordance with its terms. (2) A trust shall not be valid and enforceable where— (a) it purports to do anything contrary to the law of Mauritius; (b) it purports to confer any right or power or impose any obligation, the exercise of which or the carrying out of which is contrary to the laws of Mauritius; (c) it has no identifiable or ascertainable beneficiary , unless it is a purpose trust; (d) the Court declares that— (i) it was established by duress, fraud, mistake, influence, misrepresentation or in breach of fiduciary duty; (ii) it is immoral; (iii) its terms are so uncertain that its performance is rendered impossible; or (iv) the settlor had, at the time of its creation, no legal capacity to create such a trust. (3) Where some of the terms of a trust are invalid but others are not— (a) in case the terms or purposes cannot be separated, the trust shall be invalid; (b) in case the terms can be separated, the Court may declare that the trust is valid as to the terms which are valid. (4) Where a trust is created for 2 or more purposes of which some are lawful and others are not— (a) where the purposes cannot be separated, the trust shall be invalid; (b) where the purposes can be separated, the Court may declare that the trust is valid with regard to the purposes which are lawful. (5) Where a trust is partially invalid, the Court may declare what property is to be held subject to the trust and what property is not. (6) An application to the Court under this section may be made by any person having an interest in the trust.