Section 8: The settlor

8. The settlor (1) Subject to the other provisions of this section, any person who has the legal capacity to contract may create a trust. (2) A settlor may also be a trustee, a beneficiary, a protector or an enforcer, but shall not be the sole beneficiary of a trust of which he is a settlor. (3) A settlor, who is a non-citizen and who transfers or disposes of assets to a trust, shall be deemed to have had the capacity to do so, where at the time of the transfer or disposal, he is of full age and of sound mind under— (a) the laws of Mauritius; (b) the laws of his domicile or of his nationality; or (c) the proper law of the transfer or disposition. (4) Notwithstanding any enactment, where a non-citizen transfers or disposes of property on trust, the transfer or disposition shall not be set aside, avoided, or otherwise declared invalid or ineffective by virtue of any rule or law of his domicile or nationality relating to inheritance or succession or any rule or law of a similar nature, or any rule or law restricting the right of a person to dispose of his property during his lifetime so as to preserve such property for distribution at his death, or any rule or law having similar effect.