International Trusts Order, 2000 · As enacted · Part XI · Governing Law
105. Matters determined by governing law
Official textFrom Attorney General's Chambers, unchanged
Subject to section 107, all questions arising in regard to an international trust or in regard to any disposition of property upon the trusts thereof including, without prejudice to the generality of the foregoing, questions as to -
trust
"trust" means an international trust except where the context otherwise requires;
(a}
the capacity of the settlor;
settlor
"settlor" includes the testator where trusts are declared by will or codicil;
{b)
any aspect of the validity of the trust or disposition or the interpretation or effect thereof;
(c}
the administration of the trust, whether the administration be conducted in Brunei Darussalam or elsewhere, including questions as to powers, obligations, liabilities and rights of trustees and their appointment and removal; and
{d}
the existence and extent of powers, conferred or retained; including powers of variation or revocation of the trust and powers of appointment, and the validity of any exercise thereof,
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shall be determined in accordance with the law of Brunei Darussalam, without reference to the laws of any other jurisdictions with which the trust or disposition may be connected.
Terms defined in s 2
property
Defined · s 2"property" includes - {a} money, goods, chases in action, land and every descriptions of property1 whether movable or immovable; and (b} obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, or incident to, any property as defined in paragraph {a}; 1141 17th. JULY, 2000
settlor
Defined · s 2"settlor" includes the testator where trusts are declared by will or codicil;
trust
Defined · s 2"trust" means an international trust except where the context otherwise requires;