An interesting hallmark of the Maltese trust system
is the flexibility afforded to trustees and other interested
parties in handling situations which are best not left entirely to
the discretion of the trustee. In this article, DR TONIO FENECH,
Partner at Fenech Farrugia Fiott Legal describes the multi-faceted
access to the Courts, arbitrators and regulatory authorities that
are available to the parties, both in contentious as well as
non-contentious situations.
Trusts were integrated in Maltese law in stages between 1988 and
2004. The Civil Code1 regulates the wider backdrop of
rights and duties identified as “Fiduciary
Obligations”,2 but the trust relationship is
itself directly regulated by the Trusts & Trustees
Act3 (the “Act”), a law which is clearly
inspired by its Jersey counterpart.
