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Part XI · Governing Law

103. Change of governing law

(1)

Where a term of a trust so provides, the governing law may be changed to or from the law of Brunei Darussalam if -

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{a}

in the case of a change to the law of Brunei Darussalam, such change is recognised by the governing law previously in effect; and

{b)

in the case of a change from the law of Brunei Darussalam, the new governing law recognises the validity of the trust and the respective interests of the beneficiaries.

(2)

A change in the governing law shall not affect the legality or validity of, or render any person liable for, anything done before the change.

(3)

For the avoidance of doubt, a change in the governing law of a trust shall not-

(a}

cause a new trust to be created; or

(b}

prejudice or affect the continuity of the trust.

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