On March 23, 2026, The Bahamas enacted the Usufruct Interest Act, 2026 (Act No. 9 of 2026), establishing the first comprehensive statutory framework for usufructs in the jurisdiction. The Act enables individuals and legal entities to separate the right to use, enjoy, and derive income from an asset from its legal ownership — a powerful tool for estate planning, asset protection, wealth structuring, and cross-border fiduciary arrangements. This guide explains what a Bahamian usufruct is, who can benefit from it, and the step-by-step process to constitute and register one.
Background: Why the Bahamas Usufruct Interest Act Matters
The Usufruct Interest Act, 2026 fills a significant legislative gap in Bahamian law. For the first time, parties can formally establish, manage, and publicly register usufructs over a wide range of assets — including equity interests, securities, intellectual property rights, digital assets, receivables, insurance policy rights, and both real and personal