Section 106
of International Trusts Order, 2000
Section 106
(1)
Without limiting the generality of section 105 but subject to section 107, it is hereby expressly declared that no international trust governed by the law of Brunei Darussalam and no disposition of property to be held on trust that is otherwise valid under the law of Brunei
Darussalam is void, voidable, liable to be set aside or defective in any manner by reference to a foreign law, nor is the capacity of any settlor to be questioned, by reason that –
(a)
the laws of any foreign jurisdiction prohibit or do not recognise the concept of a trust or forbid trusts; or
(b)
the trust or disposition avoids or defeats rights, claims or interests conferred by any foreign law (or by the law of Brunei Darussalam unless the settlor died domiciled there), upon any person by reason of a personal relationship to the settlor or by way of heirship rights, or contravenes any rule of foreign law or any foreign, judicial or administrative order or action intended to recognise, protect, enforce or give effect to any such rights, claims or interests.
66
BLUV as at 16th December 2010
(2)
In subsection (1) –
“heirship rights” means any right, claim or interest in, against or to property of a person arising, accruing or existing in consequence of, or in anticipation of, that person’s death, unless created by a testamentary or other voluntary disposition by that person or resulting from an express limitation in a disposition of property in favour of such person;
“personal relationship” includes every form of relationship by blood or marriage, including former marriage and in particular a personal relationship between two persons which exists if –
(i)
one is the child or remoter descendant of the other, natural or through adoption (whether or not the adoption is recognised by law) legitimate or illegitimate; or
(ii)
one is married to the other, whether or not the marriage is recognised by law; or
(iii)
one cohabits with the other or so conducts himself or herself in relation to the other as to give rise in any jurisdiction to any rights, obligations or responsibilities analogous to those of parent and child or remoter descendant or husband and wife; or
(iv)
personal relationships exist between each of them and a third person, and so that no change in circumstances shall be treated for the purposes of this definition as causing a personal relationship once established to terminate.
Recognition of foreign laws.