Section 76
of International Trusts Order, 2000
Section 76
(1)
A trust or power is subject to this Part and is described as a special trust, if –
(a)
at the creation of the trust or (if later) when it first becomes subject to the law of Brunei Darussalam the settlor does not reside in Brunei
Darussalam; and
45
BLUV as at 16th December 2010
(b)
the trust instrument (or an instrument under which the trust first becomes subject to the law of Brunei Darussalam) provides that that the trust is to be a special trust for the purposes of this Order.
(2)
Paragraphs (a), (b) and (c) of section 69(2) apply for the purposes of paragraph
(3)
If a trust or power is created by a written instrument in exercise of a special power, and the instrument contains no declaration as to the application of this Part, this Part shall, subject to evidence of a contrary intention, be deemed to be intended to apply; and for the purposes of subsection (1) the instrument shall be deemed to contain a declaration to that effect.
(4)
A trust or power that does not meet the requirements of subsections (1) and (2), and is not deemed to do so by virtue subsection (3), is not a special trust or power and is not subject to this Part.
Objects of a special trust or power.