DIFC Trusts

Overview

  • DIFC Law No. 4/2018 also known as the DIFC Trust Law, is essentially the 2005 Law modelled on Uniform Trust Code (US) with additions and some amendments.

  • The DIFC proceeded in this way rather than by amendment of the 2005 Law as it enabled clean numbering and a formatted version of the Law.

  • There are 25 articles of the 2005 Law amended. There are two articles omitted (1 replaced) and 18 new articles included.

  • Schedule 1 provides trust is a right, enforceable solely in equity, to the beneficial enjoyment of property to which another person holds the legal title and includes a charitable trust, a purpose trust and a foreign trust.

  • There have been some key changes with the new law. These include:

    • provision for correction of mistakes in establishing a trust and its administration (this is sometimes referred to as the Hastings-Bass jurisdiction);

    • ADR mechanisms with compulsory arbitration possible;

    • formal exclusion of English Statute Law;

    • enhancement of the private international law provisions;

    • enabling exclusion of challenging beneficiaries;

    • the court's power to vary, and rectify, trust instruments enhanced;

    • trust asset management powers clarified (cf. VISTA trusts); and