Virgin Islands Certificate of Trust for Successor Trustee

State:
Multi-State
Control #:
US-01183BG-4
Format:
Word; 
Rich Text
Instant download

Description

A certificate of trust is a shortened version of a trust that verifies the trust's existence, explains the powers given to the trustee, and identifies the successor trustee(s).
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FAQ

It is not unusual for the successor trustee of a trust to also be a beneficiary of the same trust. This is because settlors often name trusted family members or friends to both manage their trust and inherit from it.

Section 83A (13) as amended in the Amended Act sets out the "firewall" provisions, which provide that subject to any express provision to the contrary in the trust or disposition, no BVI trust or transfers of property held on trust shall be void, voidable, liable to be set aside, or defective in any way, nor is the ...

Limitation periods Contract and tort claims: six years from the date on which the cause of action accrued. Claims brought in respect of deeds: 12 years from the date of breach of the obligation under the deed.

The Trustee (Amendment) Act 2021 entered into force on and brings the BVI trust law in line with international trust law developments. arrangements on behalf of various categories of persons who are themselves unable to provide such approval, such as minors and unborn and unascertained persons.

The term ?trustee succession? refers to the process of having a new ?successor? trustee take over the administration of a trust. Many trusts are managed by their creators while they are still alive. When the original trustee dies or becomes incapacitated, a successor trustee will take over the management of the trust.

Generally, the Trustee of a BVI Trust is a trust company based in the BVI. Under BVI law no company may carry on the business of acting as Trustee without having a trust licence that has been issued by the BVI Financial Services Commission (?FSC?), except for Private Trust Companies.

The Trustees may be individuals, companies licenced as trust companies under the BTCA, or Private Trust Companies established under the Regulations. An individual Trustee does not have to be a BVI resident. Generally, the Trustee of a BVI Trust is a trust company based in the BVI.

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Virgin Islands Certificate of Trust for Successor Trustee