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Section 61: Proper law

Trusts Act · PART X: APPLICATION TO FOREIGN TRUST

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

61. Proper law (1) Subject to subsection (2), the proper law of a trust shall be— (a) the law expressed by the terms of the trust or intended by the settlor to be the proper law; (b) where no such law is expressed or intended, the law with which the trust has its closest connection at the time of its creation; or (c) where the law expressed by the terms of the trust or intended by the settlor to be the proper law, or the law with which the trust has its closest connection at the time of its creation does not provide for trusts or the category of trusts involved, the proper law of the trust shall be the law of Mauritius. T22 – 29 [Issue 1] Trusts Act (2) In ascertaining the law with which a trust has its closest connection, reference shall be made in particular to— (a) the place of administration of the trust designated by the settlor; (b) the situs of the assets of the trust; (c) the place of residence or business of the trustee; (d) the objects of the trust and the places where they are to be fulfilled. PART XI – POWERS OF COURT

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