International Trusts Order, 2000 · As enacted · Part XI · Governing Law
106. Exclusion of foreign laws
Official textFrom Attorney General's Chambers, unchanged
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 1195
trust
"trust" means an international trust except where the context otherwise requires;
fa}
the laws of any foreign jurisdiction prohibit or do not recognise the concept of a trust or forbid trusts; or
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 re~son 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.
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;
property
"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
"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 -
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
one is married to the other, whether or not the marriage 1s recognised by law; or
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,
BRUNEI DARUSSALAM GOVERNMENT GAZETTE obligations or responsibilities analogous to those of parent and child or remoter descendant or husband and wife; or
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.
Terms defined in s 2
person
Defined · s 2"person" includes a natural person, any company or.association or body of persons, corporate or incorporated, including a partnership whether limited, unlimited or an international limited partnership created under the International Partnerships Order, 2000;
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;