Mauritius Trusts Act: structure and scope

The Mauritius Trusts Act is the country's principal statute governing trusts. The official consolidated text is published online.

The principal statute

Mauritius's principal trust statute is the Trusts Act. The Office of the Attorney-General lists the Act in its Acts A to Z directory, while the Act's information copy says the authoritative version is the one published in the Government Gazette of Mauritius.^[2]

The Act describes when a trust exists under Mauritius law. It covers property held by a trustee under fiduciary obligations for a beneficiary, a purpose, or both. It applies to trusts arising voluntarily, by operation of law, or by judicial decision.^[2]

How the Act is organized

The Act is organized into twelve Parts, numbered sections 1 through 71, followed by blank entries for sections 72 through 74.

Parts and principal topics named in the section arrangement
Part	Topic headings
I to III	Preliminary matters, nature of trusts, and objects of trusts^[2]
IV to VI	Trustees and protectors, trustee duties, and general trustee powers^[2]
VII to IX	Breach of trust, constructive trusts and tracing, and trust failure or termination^[2]
X to XII	Foreign trusts, court powers, and miscellaneous provisions^[2]

The final miscellaneous Part includes limitation periods, court rules, and regulations, as well as transitional provisions.

Defined terms and trust framework

Section 2, titled "Interpretation," defines terms used throughout the Act. These include beneficiary, body corporate, charitable trust, foreign trust, functions, immovable property, person, property, qualified trustee, settlor, trust, and trust property.^[2]

These definitions describe people and entities connected with a trust, legal roles, and property concepts. For example, the Act defines a foreign trust by reference to its proper law. It defines a settlor as a person who provides trust property or makes a testamentary disposition to a trust.^[2]

The early provisions address the trust instrument and transfers to a trust, as well as the settlor. Other topics include duration, income accumulation, and validity. Part III then names beneficiary interests, purpose trusts, and charitable trusts. It also covers enforcers and immovable property in Mauritius.^[2]

Trustees, administration and other subjects

Parts IV through VI address trustee and protector roles and their duties and powers. The listed provisions include appointment and removal of trustees, corporate trustees, fiduciary duties, and handling trust property. Other topics include consultation and delegation, remuneration and advancement, and appointment powers. The provisions also cover revocation and permitted investments.^[2]

Other Parts cover failure or lapse of an interest, termination by beneficiaries or by the Court, and variation or termination of charitable trusts. Part X addresses the application of the Act to foreign trusts and the selection of a trust's proper law.^[2]

The Act also sets out court powers and procedural subjects, including applications, general powers, variation of a trust and approval of transactions.

The statute includes trustee recordkeeping provisions. Trustees must keep current, accurate accounts and records of their trusteeship, with supporting books and registers. It also specifies receipts and invoices. Vouchers and contracts, along with agreements, are listed as records of transactions and other trust acts.^[1]

Where the official text sits

The Office of the Attorney-General hosts an information copy of the Trusts Act. Its introductory notice identifies the Government Gazette publication as the authoritative version. The Attorney-General's directory separately lists the Act under its Acts A to Z material.^[2]

The Laws of Mauritius site also presents a consolidated Trusts Act text and an arrangement of sections.

Questions and answers

What is Mauritius's main trust statute?

The principal statute is the Trusts Act. The Office of the Attorney-General includes it in its Acts A to Z directory.^[2]

How many Parts does the Act have?

The Act is divided into twelve Parts. The listed numbered provisions run through section 71, followed by blank entries for sections 72 to 74.^[2]

Where are key terms defined?

Section 2 is titled "Interpretation" and defines terms used in the Act. Examples include beneficiary and foreign trust, as well as settlor and trust property.^[2]

What subjects does the Act cover?

Its Parts cover trust formation and the nature of trusts, along with beneficiary and purpose arrangements. They also address trustee roles and duties, as well as trustee powers. Other Parts address termination, foreign trusts, and court powers, alongside miscellaneous provisions.^[2]

Where does the official consolidated text sit?

The Office of the Attorney-General provides an information copy and states that the authoritative version is published in the Government Gazette of Mauritius. The Laws of Mauritius site also publishes a consolidated text of the Act.^[1]^[2]

Related glossary terms

Trust: The Hague Convention describes a trust as a relationship in which a settlor places assets under a trustee's control for beneficiaries or a specified purpose.