International Trusts Order, 2000 · As enacted · Part XI · Governing Law
107. Recognition of foreign laws
Official textFrom Attorney General's Chambers, unchanged
Sections 105 and 106
{a)
shall not validate -
any disposition of property which is neither owned by the settlor nor the subject of a power in that behalf vested in the settlor; or
any trust or disposition of immovable property in a jurisdiction other than Brunei Darussalam in which such trust or disposition is invalid according to the law of such jurisdiction; or
any testamentary trust or disposition of movables which is invalid according to the laws of the testator's last domicile;
{b)
shall not affect the recognition of foreign laws in determining whether the settlor was the owner of the settled property or was the holder of a power to dispose of such property generally;
{c)
shall take effect subject to any express term of a trust or disposition to the contrary;
{d}
as regards the capacity of a corporation shall not affect the recognition of the laws of its place of incorporation; and
{e}
shall not affect the recognition of foreign laws prescribing generally, without reference to the existence or terms of the trust, the formalities for the disposition of property.
In subsection (l){e}, "formalities" means any documentary or other actions required generally by the laws of a relevant jurisdiction for all dispositions of like form concerning property of like nature, without regard to -
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
{a)
the fact that the particular disposition is made in trust; or 1196
trust
"trust" means an international trust except where the context otherwise requires;
{b}
the terms of the trust; or
the circumstances of the parties to the disposition; or
any other particular circumstances, but includes any special formalities required by reason that the party effecting the disposition is not full age, is subject to a mental or bodily infirmity, or is a corporation.
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;